Thursday, November 8, 2012

Federal Judge Enjoins California Prop 35 Requiring Sex Offender Internet Disclosures

In a brief order in Doe v. Harris, federal district judge Thelton Henderson has issued a temporary restraining order of the implementation of Proposition 35 that requires sex offenders to disclose their internet providers and identities to law enforcement.

California ballot
As described by the motion, filed by the ACLU, "the Californians Against Sexual Exploitation Act (“CASE Act” or “Act”), was enacted by voter initiative" Tuesday and is effective Wednesday:

It expressly requires all of the 73,900 current California registrants currently living in the community to “immediately” provide the police with information about their access to and use of the Internet for expressive purposes; they must also document and disclose any additions or changes to such information within 24 hours. A failure to comply with any of these new requirements is a crime, often a felony.

The challengers argue that the law is an unconstitutional infringement on anonymous speech, that its discrimination amongst speakers warrants strict scrutiny, and that its requirements are not sufficiently tailored to meet either strict scrutiny or intermediate scrutiny.

The judge found that there were sufficiently serious First Amendment issues for a temporary restraining order to issue.

The order scheduled an expedited filing schedule with a hearing set for November 20.


First Amendment, Sexuality, Speech | Permalink

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