Sex offender banishment seems to be catching up with the information age. A Georgia sex offender has brought a constitutional challenge in federal court against a new state law that forces sex offenders to register their passwords, screen names, and e-mail addresses with law enforcement officials. Last year, a federal judge in Utah struck down a similar requirement. Recently, that same judge vacated her decision after the Utah legislature amended the statute to address the judge's concerns. From the Atlanta Journal-Constitution:
A federal judge on Tuesday began weighing arguments for and against a new Georgia law that requires sex offenders to hand over Internet passwords, screen names and e-mail addresses to law enforcement officials in the name of public safety.
Attorneys for convicted sex offender Terrence White urged U.S. District Judge Bill Duffey to block the law because it infringes on White's constitutional rights.
State attorneys countered that the 2009 law gives authorities a much-needed tool to make sure registered sex offenders don't strike again.
Duffey did not rule immediately, but he said the case centers on a "fundamental issue in our culture."
"Children do have to be protected, but that also has to be balanced with constitutional protections," he said. "And I never take those lightly."
The case hinges on a state statute that took effect in January, bringing Georgia in line with a 2006 federal law requiring authorities to track Internet addresses of sex offenders.
It also made Georgia one of the first states to take the extra step of forcing its 16,000 offenders to turn in their passwords as well.
Attorneys for convicted sex offender Terrence White urged U.S. District Judge Bill Duffey to block the law because it infringes on White's constitutional rights.
State attorneys countered that the 2009 law gives authorities a much-needed tool to make sure registered sex offenders don't strike again.
Duffey did not rule immediately, but he said the case centers on a "fundamental issue in our culture."
"Children do have to be protected, but that also has to be balanced with constitutional protections," he said. "And I never take those lightly."
The case hinges on a state statute that took effect in January, bringing Georgia in line with a 2006 federal law requiring authorities to track Internet addresses of sex offenders.
It also made Georgia one of the first states to take the extra step of forcing its 16,000 offenders to turn in their passwords as well.
Corey and interested others--
You may be interested to learn that as of 03-03-10, the Court in my case handed down an order enjoining enforcement of the 2008 Amendment of O.C.G.A. 42-1-12(o) as against myself, Terrence White. I won my case! The Court mainly upheld my First Amendment challenge, holding that the law did indeed "chill" my constitutional right to engage in protected anonymous speech. The Order pretty much either denied or ignored most of my other claims (including preemption and ex post facto). I will be happy to forward the pdf of the decision to anyone who is interested. T. White
Posted by: Terrence White | March 03, 2010 at 09:37 PM
Terrence: That is great news. You should be celebrated for standing up to the Criminal State of Georgia. Every single person on every Registry needs to do the same thing every day.
Why don't you post a link to the decision? Any idea if the criminals plan any appeal? Any idea if the order will effectively apply to everyone listed on Georgia's Registry?
Again, congratulations to you. A victory against criminal tyrants.
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Posted by: Account Deleted | November 24, 2010 at 03:14 AM