The Unconstitutionality of Internet Identifier Laws for Sex Offenders
Weekly Update 2017-07-12
Dear Members and Advocates,
Many of you have been asking “what’s being done” about the newly enacted “Internet Identifier” law that went into effect two weeks ago. We appreciate everyone’s patience as those involved worked feverishly to prepare a response to the new law instead of answering everyone’s questions. We are now able to announce that yesterday, an Amended Complaint was filed in the legal challenge to the Florida Internet Identifier requirements!
The latest pleading begins, “For the third time, the State of Florida has passed an unconstitutional statute requiring sexual offenders to publicly register their private information.” It points out that the 2014 and 2016 versions have already been enjoined and asks the Court to enjoin the 2017 version as well. It further points out that Five Federal Courts have already concluded similar laws are unconstitutional.
As always, we need to offer a great deal of appreciation to the team of attorneys that is fighting this fight on our behalf, the named plaintiffs who are bravely standing on the front lines and all our members who contributed and helped make this happen.
Another interesting thing happened this past week in Doe v. Snyder (the Ex Post Facto case out of Michigan). Prior to deciding whether they would hear the case or not, the Supreme Court of the United States asked the US Solicitor General to chime in and give an opinion on whether they think the Michigan Registry is unconstitutional. Guess what? They think it is unconstitutional!
Now before anyone reads into the Federal Government’s position too positively, consider the possibilities of what can happen in Snyder. If the Supreme Court takes the case, they can either overturn the decision (which would be bad news) or they could agree that the registry is punitive and unconstitutional (which would be a life changer). A favorable ruling by the Supreme Court is binding precedent for the entire United States and will impact all States. On the other hand, if the Supreme Court doesn’t hear the case, the 6th Circuit decision stands, (which would be continued good news for those in the 6th Circuit, but not binding on those in the other 10 Circuits).
The solicitor general’s position in asking the Court not to take the case may be one of damage control on their part and wanting to limit relief to those in one Circuit. However the court is persuaded by their brief, there is certainly a lot of useful argument (or, rather, agreement) in there about the punitive elements of the registry that will become useful down the line.
Sincerely,
The Florida Action Committee
SOME HEADLINES FROM THIS WEEK
Teacher gets jail time for skipping school to film sex with teen student
And ANOTHER one. Check out her sentence for not only molesting the child but video-taping it! Talk about a double-standard! If it were a male student, he’d have gotten 20 years for the sexual assault PLUS more time for production and distribution of child pornography!…
Should child sex offenders be allowed to travel?
Australia has passed tough, “world-first” legislation that will deny passports to about 20,000 people on the national child sex offenders register. The aim is to stop Australians who are planning to abuse children in regions like South East Asia before they even get…
CA: Tiered Registry Bill Passed by Assembly Committee
The Tiered Registry Bill (Senate Bill 421) was passed today by the Assembly’s Public Safety Committee. The final vote on the bill was 5 in favor (Chairman Jones Sawyer as well as committee members Rubio, Quirk, Santiago and Gonzalez-Fletcher), one opposed (Lackey) and…
A Sixth Circuit panel concluded in Does v. Snyder, No. 15-1536 (6th Cir. Aug. 25, 2016), that Michigan’s amendments to its Sex Offender Registration Act (SORA) “imposes punishment” and thus the state violates the US Constitution when applying these SORA…