SCOTUS rulings on 2 Sex Offense Cases
Weekly Update 2017-02-28
Dear Members and Advocates,
This morning I woke up feeling hopeful. It was the first time in a long time that I felt the courts are beginning to look at reason, consider the studies and have the political will to do the right thing.
As NPR News called it, yesterday was “sex day” at the US Supreme Court because the Justices heard oral arguments on two cases involving sex offenses. The first of which was Packingham v. North Carolina, a hearing we’ve been waiting for a long time. At issue was whether the government could block a registrant’s access to social media. The facts were; Lester Packingham was arrested for posting on Facebook. He didn’t post anything sexual or soliciting a child – he actually praised God for beating a traffic ticket!
Reading the transcript of the hearing (which is available here) and reading the news articles and blogs which overwhelmingly opined that the Court was leaning in favor of ruling the restriction Unconstitutional, I was filled with hope. The standpoint of the Justices seemed a lot different than it did in 2003 when Smith v. Doe was decided. Could it be the court has the benefit of over a decade of studies disproving the effectiveness of many of these sex offender management schemes? Could it be that the Court finally sees how restrictive and punitive these “civil” measures are? Could it be that the more time that has passed afforded more opportunity to arrive at longer-term recidivism studies which disproved myths of high recidivism rates? Or could it be that after fourteen years we have over eight hundred thousand test cases caught up in this growing pile up of regulations – and that pile has turned into a mountain?
We also got some good news right here in Florida! The Judge has DENIED the FDLE’s motion to stay the proceedings in the Internet Identifier challenge. For more information and to read the text of the order, which schedules the next steps in this case, please see this post: https://floridaactioncommittee.org/good-news-judge-denies-fdles-motion-stay/. During this Thursday’s member call we will be having an update on where some of our legal challenges stand, as well as a discussion on Packingham and some of the other significant cases decided recently. We hope to have you join us for this call, which should be informative.
FAC is also excited to announce a significant public event we will be co-hosting; a screening of the award winning feature-documentary; Untouchable, which will be held on March 14th at 7:30PM at the homeless encampment where over 200 registered individuals are forced to sleep at night. Please look out for a press release and invitation you will receive today and we strongly encourage all of our members in South Florida (and anyone who can make it) to attend the event. We are seeking volunteers who can help coordinate items for the event and assist in set-up. If you are able to help, please contact anita@floridaactioncommittee.org<mailto:anita@floridaactioncommittee.org>.
It’s been a great week. We look forward to many more!
Sincerely,
The Florida Action Committee
SOME HEADLINES FROM THIS WEEK
SCOTUS: Packingham Transcript<https://floridaactioncommittee.org/scotus-packingham-transcript/>
Today the Supreme Court of the United States heard oral argument in the case of Packingham v. N. Carolina. The case considers a constitutional right to access social media. Transcript of the argument can be read here:…
Putnam County’s “Sex Offender Compliance” Specialist<https://floridaactioncommittee.org/putnam-countys-sex-offender-compliance-specialist/>
You know how humiliating they are. The monthly “address verification” visits from police. You’re years off probation and haven’t had a single brush with the law since, but still the police show up at your doorstep to “verify” that you’re living or working where you’re…
Task force would seek to remake Florida’s criminal justice system<https://floridaactioncommittee.org/task-force-seek-remake-floridas-criminal-justice-system/>
Florida’s state lawmakers increasingly are embracing criminal justice reform policies that break with the state’s “tough on crime” past Last year, Gov. Rick Scott, a Republican, and the GOP-controlled legislature approved one of the most far-reaching civil asset…
The Dobbs Wire: SCIENTIFIC EVIDENCE convinces a federal appeals court<https://floridaactioncommittee.org/dobbs-wire-scientific-evidence-convinces-federal-appeals-court/>
Just published: A new article by legal scholar Melissa Hamilton spotlights the key role of scientific evidence in a ground-breaking 2016 federal appeals court decision known as Doe v. Snyder-and how that holding is already impacting other challenges to draconian…