Kentucky Judge Declares Sex Offender Internet Ban Unconstitutional.
Good News for those on Sex Offender Registries
Following the trend of most courts, including the US Supreme Court, a Kentucky Judge struck a law that banned sex offenders from any site that’s “available to minors”, stating the law is too broad and effectively bans most of the internet.
Judge says Internet ban is unconstitutional
U.S. District Judge Gregory Van Tatenhove didn’t buy the State’s arguments and ruled that the law, which restricted access to sites that potentially could be “accessible” to children, could include practically any site on the Internet.
Sex offenders in Kentucky now have the constitutional right to use social media.
Great to see common sense starting to become more commonplace in these rulings. I am happy to see that the constitution is actually still a document used by SOME courts when making rulings.
Now if the SCOTUS would take a lesson from these ruling we might see some REAL change (I can dream can’t I) and finally see the end of this seemingly endless punishment and ultimately the end of the registry itself!
Of course, by freely providing the e-mail addresses and screen names of registrants to Facebook et al., the states still effectively “ban” you from social media and hide behind the “private entity” excuse. At least Georgia totally eliminated the “internet identifier” rules, at least for some as best as I can tell, after being handed their butt in court a couple of times.
Joe M., Do you live or are you from Ga.? That’s where I got convicted and I would like to talk to someone who knows what’s on the table there. If the answer is yes then I will give you my info through FAC to contact me. In the meantime if FAC can direct me in anyway to an individual or group in Ga. please let me know. Thanks.
No but I am looking at Georgia. i was convicted before 2004-2005 so noe of the new laws apply to me, plus, in theory, I could petition to be removed the day I got there because it has been over 10 years since I got off of probation. A slight waring. I talked to one lawyer who advertises for removal cases and he really didn’t sound like he knew what he was talking about if you actually read the law. I also looked at Tennessee which has a ten year rule, but if you are from out of state, you have to spend five years on the Tennessee registry and that includes the 1000 foot rule. Vermont has the most reasonable laws, but the entire state is about the size of Polk County, FL and it is COLD!!! LOL
I thought Scotus ruled on this in packingham
yes – read the decision – the Judge addressed that as his reason for deciding.
The decision had an important SECOND part dealing with registration of Identifiers, which directly addresses our FL lawsuit.
There anything that has really affected anyone in florida yet? Do these victories everywhere else automatically translate to change here or donwe wait for someone to challenge and use as precident?
The convoluted answer is that you see what the result is with the actions of the commonwealth attorney in the county attorney from Lexington . The Attorney General says well yes the court got it right based on Packingham. But the local yokels want to do an in Rhonda Brown that by saying no no no it’s different. Places like Miami or arguably violating the law now in the state lets them get away with it. What makes you think they’re going to do anything other than ignore other court rulings in law’s for as long as they can get away with it
I thought here in Florida only those on supervision were affected by internet use restrictions. My concern is the i identifiers the legislature said we must hand over so we can do FDLE’s job for them.
You are correct. Florida lets Facebook and others do their dirty work for them by giving them all of our email addresses.
I would like to share my story on this website because I feel it will not be heard anywhere else. When I was 20, I met a girl at a party. With alcohol being illegally consumed by everyone there. Had no idea who she was. Tattoos, piercings, drinking at a post high school party, had to be atleast 18. I was wrong. She was 15. I talked to her mom about everything and they agreed to let us actually be together. Six months later she got pregnant. I was floored. I decided to go to the military to better my new coming family. Turns out her step dad didn’t agree with my decision of bettering my family. I was arrested, charged with lewd and lascivious battery on 12-15. Did 3 years in prison and lost all access to my son. I was forced to sign my parental rights away or face trial and 15 years. Since then, my life has been in shambles. Tough time finding housing, finding my self asking the courts for something new too often, and even attempted suicide. My poor family who supports me 100 percent suffers knowing I’m suffering inside without my son or any livelihood left inside of me. I am in therapy for what I’ve seen, gone through, and am going through. Now medicated, I am trying to fix my life. What happened to me isn’t fair. And there are so many like me it kills me to consider how bad we have been treated. Please, this is my cry for help. Someone, anyone. Just listen to us.
Indiana Court Of Appeals Says Sex Offenders OK To Attend Church
https://indianapublicmedia.org/news/indiana-court-appeals-sex-offenders-attend-church-130197/
I’m in New York (Suffolk County-Long Island) and not sure of what is happening with the laws here…and not sure of who to ask, not wanting to identify myself to the “wrong” people.
I’m a RSO from a plea in 1999. In the plea bargain I was placed on the registry for TEN years. The law was changed and, retroactively, my time on the registry was made permanent. So the legislature usurped the judge’s sentence.
Tried to get something changed a few years but had a buffoon of a public defender who didn’t seem to want to help me.
Is there anyone on here who knows definitively what the restrictions in New York? especially Internet identifiers?