A Federal Challenge to Nevada's Sex Offender Registry Law

From an AP story about a new suit brought in federal court against the Nevada law:

Eager to protect children from sexual predators, Nevada and other states across the nation are adopting laws that publicize the names of offenders on the Internet.

But sex offenders say they have rights, too, and argue it's wrong to lump those guilty of minor offenses with the worst offenders. Some are challenging the laws.

"People think that imposing these draconian retroactive laws are a way to keep their children safe," said Margaret McLetchie, an American Civil Liberties Union of Nevada lawyer.

McLetchie and Robert Langford, who represent 27 unnamed plaintiffs in a federal civil rights lawsuit, want to block two sex-offender laws from taking effect in Nevada....

The laws, which they say are unconstitutional, were tailored to meet standards under the Adam Walsh Child Protection and Safety Act, which President Bush signed in 2006.

Nevada was among the first to pass the laws that would allow the state to post on the Internet the names, photos, home and work addresses and vehicle descriptions of offenders who've served probation or prison sentences on convictions as far back as 1956....

Borror noted similarities between the Ohio and Nevada laws, and said officials in Ohio were watching the Nevada case with interest.

The Ohio registry went into effect Jan. 1 despite objections that it punished offenders twice, broke plea deals and represented a violation of states' rights by Congress. Furthermore, by creating the registry, the state Legislature usurped powers reserved to the courts, Borror said.

From the news account, it is difficult to discern the actual legal arguments being made against the Nevada statute. After all, from the perspective of states, the AWA registry might not differ substantially from the registry system that was already in place.

HT: Crime & Consequences

Comments

[SexOffenderIssues]

I would like to know where all the lawyers, civil and human rights people are? How come they are not fighting these unconstitutional laws, and winning?

They are clearly unconstitutional, cruel & unusual punishment, but by them implementing them all over the country, they are trying to get rid of the unusual punishment aspect.

And yes, the online registry, and residency restrictions is NOTHING BUT PUNISHMENT! These politicians should try living in the shoes of a sex offender for a while, then tell me it's not punishment.

When the registry was offline and used by police only, it was working... Now it has become an online vigilante harassment tool, and a hit list for unstable people out there.

How would you like all your personal information out in the open like this? I bet you'd not like it either.

When the government can successfully erode the rights of one group of people, you can bet more groups will follow.

And by them singling out sex offenders, and not all criminals, it's also discrimination. If it's OK for sex offenders, then all criminals should be made to live with similar rules and regulations (i.e. punishment)

[SexOffenderIssues]

Don't believe me, see this law suit:

http://www.citmedialaw.org/threats/kruska-v-perverted-justice-foundation

And video:

http://www.youtube.com/watch?v=Z4o9l05T6Tk

And also these MANY vigilante videos. In which they are and have been attacking me as well to satisfy their evil, sick desires.

http://www.youtube.com/view_play_list?p=3C9434996AD15801

I am tired of this vigilante crap! It must stop.

Also, this civil action has been started, if there is any lawyer out there willing to take on the case?

http://www.sueeasy.com/class_action_detail.php?case_id=243

[Offender]

We who are wrongfully singled out as deserving these unconstitutional punishments must be proactive!
Even though we cannot own firearms, we can own certain weapons and must carry them at all times and be ready to use them against vigilantes!

Just kill one and the rest will stop their harassments!
I protect myself and my family with a compound bow. My neighbors all know it and won't even think about fucking with us!

[jjoe]

"I would like to know where all the lawyers, civil and human rights people are? How come they are not fighting these unconstitutional laws, and winning?"

I would too. Add to that the so called "liberal media". It's possible the ACLU is worried about losing funding/donations for defending RSOs.

Another problem is the general counsel which advises the ACLU on issues. Many of these advisors are criminal defense attorneys who would have a conflict of interest regarding particular issues. Issues that prevent a RSO from investigating and researching their case, and discovering how much they paid for so little work.