Federal Appeals Court Rules In Favor of Free Internet Speech for Registered Sex Offenders

Posted by Meital Manzuri, Esq. | Jan 19, 2014 | 0 Comments

The federal Ninth Circuit Court of Appeals ruled that California can NOT require registered sex offenders to report certain information regarding their Internet activity. In a case called Doe v. Harris, it was ruled that requiring registered sex offenders to report Internet activity would violate the First Amendment to the U.S. Constitution. The First Amendment guarantees the right to free speech.

Back in 2012, California voters passed Proposition 35, which impacted internet use for sex offenders. This law increased the penalties for human trafficking in California, but it also required all those who are subject to California's sex offender registration requirement to report to the state every time they used a new Internet identifier or internet service provider. An internet identifier includes email addresses, screen names, user names, etc. that are used in social networking, Internet forum discussions, and more.

The Ninth Circuit Court now ruled that the previous requirement violates the constitutional rights of sex offenders. Initially, the law meant to prevent sex offenders from sharing child pornography or sexually explicit materials online. However, the Appeals Court decided they can not limit their ability to engage in protected free speech, such as discussing news articles or commenting on political topics.

About the Author

Meital Manzuri, Esq.

Managing Partner.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

What Clients Say About Us:

“If you need an honest, compassionate and extremely intelligent attorney to fight for you, Meital is your lady! She did the impossible for us and my family is eternally grateful to her!!” – Shelly P.

Gain Peace of Mind

We understand that being accused of a crime or starting a new business in an uncertain space is one of the most challenging times of your life. Rely on us to advocate for your rights and bring your business into compliance.

Search Our Site

Menu