Great Decision: Butts County Sheriff’s Halloween Signs Violate the First Amendment.
A great decision just out from the 11th Circuit Court of Appeals (FLORIDA’S CIRCUIT š ). The signs Butts County (Georgia) Sheriff posted in front of registrant’s homes right before Halloween are compelled speech and violate the First Amendment.
This is a great decision, for multiple reasons. First, it’s in our circuit, so it’s binding precedent. Second, many municipalities in Florida have similar ordinances, which are now ripe for challenge. And Third, because it raises a viable argument against other forms of compelled speech all Florida registrants are subject to, such as branded driver’s license.
You can read the decision here: Butts County Order 11th Circuit
After reading this, I have to say it.
I like Butts County and I cannot lie.
This is indeed a great and extremely encouraging decision out of our 11th Circuit Court of Appeals for a few reasons. First, the ruling was a unanimous 3-0 decision, which means the case wasn’t close. Second, infused throughout the opinion are multiple comments about these three plaintiffs being rehabilitated, the fact that there is no empirical evidence that Halloween is a time when children are at any heightened risk of being the victims of sex offenses, and that there has been no determination that any of these three plaintiffs are at an increased risk to offend as determined by whatever mechanism Georgia utilizes to make that determination. The court went out of its way to make these points. This might bode well for the ultimate result of our Ex Post Facto challenges. This decision is another in a string of even conservative courts refusing to take at face value whatever states say about sex offenders and the misguided laws targeting them.
EXTREMELY good points
Unanimous decision by a Clinton appointee, a Trump appointee, and a GW Bush appointee.
RM
Very Well Examined in Full By You!
Thank You!
One of the First Times, That, I, Too, Have Seen a Reference to Empirical Data!
( At Least These Prudent Jurists Agree on Real Empirical Data Points; The Late SCOTUS Chief relied on a Grocery Store Tabloid For His ‘Empirical Toilet Paper’
This is Small Step to So Many Larger Conundrums!
Best quote I have heard in a long time.
The Late SCOTUS Chief relied on a Grocery Store Tabloid For His āEmpirical Toilet Paperā
lovewillprevail…
….Facts are Facts…Truths are Truths…Science is Science…
And Math Does Not Lie!..One of The Only ‘Things’ That I Know Thus Far In Life That Does Not Lie!
Most All SCOTUS Jurists in Our Lifetime Have Really Done a Great Job-Researching The Legal Facts In Every Case They Have To Face-Kudos TO All Of Them and Their Legal Clerks that do A Lot of the Work!
…However in These Cases, NO ONE WANTS TO TOUCH THEM…CAUSE THEY ARE FULL OF ‘COOTIES’…
‘COOTIES’ Are a Bad Ting in the US Jurisprudence….
Besides Duval & St Johns, which FL counties mandate Halloween signs?
I am ready to contribute to our new Halloween 1stAm Challenge regardless of countyā I leave it to the Legal Committee and their legal advisors to determine which county is lost appropriate to challenge.
āwhich county is most appropriateā damned typos
Nothing in the ruling would prevent the legislature from authorizing sign placements within public rights-of-way, amirite?
You are correct – I can see some follow-up lawsuits for things like defamation, intentional infliction of emotional distress, etc.
(NM, itās not my job to give them ideas).
Excellent!
Beautiful, just beautiful!
Now, let’s see if Buford T. Justice wants to appeal to the next level. 30 days to decide IIRC
Before SCOTUS, guess it remains to be seen if they want an “en banc” review by the entire 11th bench first.
This wonderful Opinion could be used to potentially strike down the passport mark, as well as branded licenses as Contributor #3 pointed out.
Hopefully this Opinion will put the District Court hearing our Florida SORNA challenges on notice that there are limits to the abuse we as registrants can legally be required to suffer.
I think it was interesting, and encouraging, that the Opinion repeatedly pointed out that no registrant within the sheriffās jurisdiction had reoffended at any time in the years the Sheriff has been in office. And that, according to the Opinion, the State had not proven that the registrants at issue had any elevated risk of reoffending! Wow -in other words, blanket branding of registrants as especially dangerous runs afoul of the Constitution! Unbelievable.
Lots here to ponder and use as we litigate our cases against this evil regime.
Wonderful day for our community!
I did not suggest it would have any impact on the passport mark. I did suggest it could be persuasive to challenge branded driver’s licenses in our Circuit (including Florida) and other municipalities Halloween sign ordinances (including Duval).
Don’t we have a similar argument pending in the 11th Circuit and a federal district court in Florida regarding compelled speech via our DLs and the stamp of the SO statute or Sexual Predator designations? If so, it seems this decision very favorable and gives us some insight into what may lie ahead for us.
We do not, you are thinking of Doe v. Marshall that came out of Alabama. There is definitely some strong precedent in this circuit when it comes to first amendment.
FAC
When I signed into my email today and I had over 30 emails from the site, I knew something really big had happened either good or bad.
So, not part of the ex post facto plus challenge?
Even though I do not trick or treat, nor did I ever have to place a sign in my yard, I am super excited for three reasons.
#1 I have joy for those poor souls who had to endure the “Scarlet letter” in their yard.
#2 And for your post stating what I had hoped, that other branding could be challenged due to this ruling.
#3 And last but for sure not least, you stated it was in our court coverage zone, so it opens up cans of worms law enforcement is going to lose their minds over.
Finally some freaking good news. Praise God first and Blessings to the judge / judges that actually had a heart or at least a conscience.
The good book says:
Galatians 6:9
“Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up.”
Awesome! The fact it came from one of the most conservative circuits truly helps as well.
Derek
I have said in many posts, if we could find a judge who ruled not based on politics, but on reality of the law and fairness, we could get some wins. Tired of judges who are afraid of not being re-elected or losing friends in high places.
PS: Always a pleasure and an honor to see you pop in and comment once in awhile.
By the logic of this argument and itās final judgment, the sex offender registry itself is also ācompelled speechā. People can easily be looked up just by typing in a name, any name into Google. If the person has no criminal records, no such results will be found. If the person does, then youāll get results of court records of the offense. We donāt need a registry. That should be the next lawsuit argument regarding compelled speech.
If not the registry itself based on this decision, postcard mailers disseminated to identify where registrantās reside would certainly seem government overreach.
That’s an interesting take on things. The differentiation between being on social media and being forced onto government sites is definitely different. I wonder if that tact is one that would have some traction with the courts….
Only one of the three plaintiffs won. Only applied to owners of the residences, and not the ones who only lived at the residences. Also, if Sherriff can proof legal easement of placement of signs, they will be allowed.
That part did confuse me. I would think the plaintiffs would be able to easily provide proof of tenancy. Anyone have insight into this?
Here is another thought. They SCOTUS ruled that the several states cannot keep registrants off of the internet. But the Florida make it difficult for us by collecting our “internet identifiers” AND perhaps most critically, makes that information easily and really automatically available to the social media companies, who then use said info to ban us from their sites. Now the state will argue that they are doing anything, but they only do this for Facebook, Instagram, etc. MY understanding is that if the people who are actually supposed to be protected, the children and their parents want to utilize this “service, they have to ask if a specific e mail or chat identifier is associated with a registrant. What this new case might do is establish a rule that says that the government can’t be cutesy and try to do end runs around out rights. Why would you even provide this “service” to the social media companies if the objective was not to keep us off of those sites? They don’t post it on the FDLE page for each offender, do they? The Butts County Sheriff tried to argue that this was not some kind of compelled speech, etc. becasue the department put up the sings typically on public easements, right? Cutesy didn’t fly with the 11th in this case. Let’s see how far WE can take it for once.
Im a wife, a nurse and a woman of faith. I am married to a wonderful husband that was in the registry for 20 yrs who had raised my daughters since they were 4 years old. I find these laws very harsh. My Husband is great man who always put his family in first place, my husband has only 1 offense from 1997 for indicent assault and battery with a 17 yr old female who lied about her age, they both had a relationship but everything was consensual, it was the mother who intervine, anyways to make story short, I was not with him when this happen, when we met he told me all about it as soon as we had met, he never lied he was honest about this whole situation that happened. Im hurting cause he no longer register he completed 20 yrs of registration in Massachussetts and Rhode Island and now we was planning to move to Florida, since I have family in the sunshine state who would like for us to move down there, I had alot of plans and dreams and now I am very overwhelm about this whole situation with Florida’s laws because im not sure if he will have to register after he had finish his 20yrs sentence. He was level 1. I hope this laws change because it will be sad to make a move and his business being put out there, after he had finish doing his time. As a wife and a mother this really hurts I would not like for my kids to ever find out about this because this really hurts knowing that they know how good of a father and great man my husband is. I have to live with this for the rest of my life, it really breaks my heart. I could understand that there is alot of evil and bad people out there, but what we are going thru is an unjustice towards human beings, specially by putting people faces and pictures out too, if some one finish there time and did the right thing, give them a break and chance, not every sex ofender is a bad person what a horrible and terrifying system, and today I will be part of this committee. Hope this Laws change.
Gloria, thank you for this. I encourage you to stay involved in the fight.
Gloria
From what I have heard from visitors on here, even if they were off the registry in their state and came for a visit in Florida, they had to register once they got here and were/are on the registry here for life.
I am not a lawyer but I have even talked to lawyers who said they cannot even keep up with Florida’s ever changing, confusing and immoral punishments. Best to do a lot of research before moving here. Since he is already free of the registry you are stuck between a wall. I have relatives I will probably never see again because I do not want to travel someone and end up in jail for ignorance of the law.
Attorney Ron Kleiner can keep up with the changes as far as Florida is concerned. I’m working with him currently on a petition. He knows his stuff. I highly recommend him for anything related to the registry.
Pariah
I am not sure if it was you, but someone told me about him a few months back. I have him on speed dial thanks š
Something needs to be done in the system, and the sadest part is that other states dont behave that way, but just Florida, Why Florida? SMH The best way to achieve Justice is to expose injustice and that’s my dream that one day this harsh laws could change for ever, not every person you see on the system is a predator. Its very sad that my husband has to deal with depression for 20 yrs all because of false accusations, My heart breaks cause im a wife and a mother who have to live with this pain, hope one day this all gets resolves.
Gloria
The only thing I can think of was something I was told when I worked in Law enforcement. Of course back then there was no registry. But they use to tell us that because Florida is such a huge tourist draw, we have to make sure everyone knows we do not tolerate crime here. The worst case scenario was for a tourist to get attacked, robbed etc and get all over the news that Florida is not safe for tourist.
Thus, stating that, perhaps they are doing the same thing with the registry and those on it, being tougher than what is expected. Having said that, then why have so many on the registry? That would scare anyone away.
Cherokeejack,
I know is very tough, keep the faith.
Gloria
My heart goes out to you and all family members/friends of registrants. Florida is a tough nut to crack with ever increasing harsher laws and restrictions on registrants. Right now I believe that writing, calling, and speaking to legislators telling them to oppose ridiculous bills. Hopefully Smith vs Doe gets overturned calling the registry what is punishment!!! We are all in this together. Never give up, never give in, and always keep the faith!!
Brandon
Your last line reminds me of this
“Never, never, never give up.”
Winston Churchill
CherokeeJack
I never like to be Nobel on a Friday, yet I want registrants and loved ones to get motivated and involved. Canāt plant a garden looking at the seeds you have to get your hands dirty
Brandon, how can I write or call to speak to legislators so I could tell them to oppose this ridiculous bills, Im willing to fight Im ready for this āļø something needs to get done. 22 yrs have passed and still the same oh thing, we all have to be together in this and fight for what’s right.
Gloria, contact membership@floridaactioncommittee.org and let Anita know you want to get involved.
Gloria, FAC will post calls of action with those to contact. Sometimes they provide a template, but always make it your own. Tell legislators that you oppose a bill and how it would impact you. Nobody should be impacted for life especially for something they did in the past.
I find it interesting that if you leave Florida, they demand that you follow their rules yet at the same time when someone from another state moves to Florida, they refuse to honor the previous states rules and mandate Florida rules. I’ve met tier 1 people who no longer had to register in a state but were arrested in Florida because they didn’t register here.
This would be a really good time to write letters to Merrick Garland to ease or remove the registry. Since the laws never went to Congress control over the laws is strictly in the hands of the DOJ. If only we could get 800,000 plus letters to Merrick Garland.
If one can not be compelled or forced to use signage such as the Halloween law. Wouldn’t the same be true for ordinances that stop any decorations of ones residence for special occasions or holidays?
Forced silence with threat of arrest is also compelled speech.
Oh I forgot the most important thing (Concerning Orange county Florida)
When I live in Orange County, If you were not home, the deputies hang a large Bright Yellow Door tag on your door that read SEX OFFENDER. Every time you are not home, they hang it on your door until they can catch you home.
I imagine that is worse than the Halloween signs since the holiday is one time per year. This is done 365 days a year since they have so many registered in Orange county, many who get 4 address checks per year.
My point is, this was causing me more issues with my neighbors since I am not required to notify my neighbors. The deputy told me “Well be home when I check on you and I won’t hang it on your door”. I said “Well call when you are coming and I will be home” and he said “Not going to happen”.
Yeah so I left for good.
Last year I emailed a copy of the door hanger as I have a stack of them I keep as evidence of the harassment when I go to court next year.
CherokeeJack
As a former cop, you should know if your not on probation you need to stay at home at all times, so you can be checked on. Just remember to stay home and that itās not punishment.
Cherokee, I live in Orange County (FL) and have never had that problem. But I live in a private complex with many other residents (most of whom know my status because of a nosey neighbor). So, maybe OCSO can’t post on my door since it also belong to other people on private property? Seems the 11th Circuit ruling puts a major damper on such policing. Also, just a fyi, Sheriff John Mina’s own brother is a convicted child rapist, currently in Florida DOC.
Not an animal
FAC last year ask to see the sign and I email it to them. I would like that added to any compelled speech lawsuit. Tired of getting those on my door. He has my phone #, all he has to do is call and ask a time I can be home.
That was one of the reasons I moved, I got a stack on those yellow warning signs on my door. If FAC would post it, I would email them it again.
Nassau Co is placing horrible signs in the yards of people designated as a predator. There is a minority that does re-offend, but research shows that most do not. There are minors who are victims of far more heinous assaults from domestic violence than some of the acts that can get a person labeled as a predator. I am not saying all cases, but there have been some cases.
Nassau Co is carefully placing these signs in the right of way, claiming this makes the placement legal.
https://www.firstcoastnews.com/video/news/local/nassau-county-sheriffs-office-placing-signs-outside-homes-of-sexual-predators-ahead-of-halloween/77-8296744
The new opinion raises two questions pertinent to Nassau:
1. Who, under Florida law, may post signs in a public right-of-way? Not the sheriff, if itās anything like Georgia law.
2. Who owns, in fee, the land underlying the right of way where the sign is posted, and who owns the easement? Does the predator own either one? They are both property interests.
I recall that Bradford county does this also.
I believe that Bradford posts the big red signs in the yards of anyone forced to bear the label of predator all year long — not just Halloween. The sheriff did it because he said that a lady wanted to know who the “predators” were. So why not refer her to the FDLE website?
Media
The county took me to court because I did not mow the easement. The judge threw out the suit but stated the land owner does own the easement, however Utilities can be put there without your permission. A sign is NOT a utility.
Look at your property survey if you own land, it will show you that most of the time, you pay taxes on even the easement from the sidewalk to the street.
How do you think people are allowed to put a mailbox, flowers, trash cans etc on the easement? You own it, at least everywhere I have lived in Florida.
Of course, as we all know, so many places have different rules and laws. This is just my experience and research and fight I had with the county.
Cherokee, I live in Orange County (FL) and have never had that problem. But I live in a private complex with many other residents (most of whom know my status because of a nosey neighbor). So, maybe OCSO can’t post on my door since it also belong to other people on private property? Seems the 11th Circuit ruling puts a major damper on such policing. Also, just a fyi, Sheriff John Mina’s own brother is a convicted child rapist, currently in Florida DOC.
To Brandon, Gloria, and others below, Brandon is correct in saying, “Right now I believe that writing, calling, and speaking to legislators telling them to oppose ridiculous bills.”
I have emailed members of the Florida Senate Criminal Justice Committee asking them to vote against Senator Hooper’s new definition of the word “day”: “any part of a calendar day.” I will be sending out more emails if this new definition of the word “day” moves forward to other committees.
These committee members need to hear from many of us.
https://www.flsenate.gov/committees
https://www.myfloridahouse.gov/sections/committees/committees.aspx
Media
Iāll continue to contact them even though I donāt reside in Florida. After living there I know how bad the laws are and the weight on everyoneās shoulders. Hopefully lawmakers will see that thereās increasing opposition to their bills and back off. Instead of focusing on 44k residents and the definition of a day, maybe they should focus on funding edumacation and increasing graduation rates.
Thank you, Brandon.
Sheriff Long admits he has never had a registrant commit a sex crime on Halloween or any other time against a minor. If heās a real man heād place signs telling the community their childrenās risk are cars on Halloween and not registrants.
Brandon
And they use to scare us as kids and say candy could be filled with poison, needles, razor blades. There have been a few isolated incidents of that over the years but I only recently heard of it again where some candy was found with sharps inside of it.
Should we ban people from enjoying nature because a few people each year are attacked by bears, bitten by snakes or fall off a cliff? I say all these bears need to be registered as violent offenders with their pictures posted at the entrance to the trail. Wildlife officers should go 4 once a month to their den and make sure the bears are in compliance with the “Human anti attack ordinance”.