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 🙂 ). 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
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 sheriff’s 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).
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.
Excellent!
Besides Duval & St Johns, which FL counties mandate Halloween signs?
I am ready to contribute to our new Halloween 1stAm Challenge regardless of county— I leave it to the Legal Committee and their legal advisors to determine which county is lost appropriate to challenge.
‘which county is most appropriate’ 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, it’s not my job to give them ideas).
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 ‘Empirical Toilet Paper’
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….
After reading this, I have to say it.
I like Butts County and I cannot lie.