9th Circuit says paroled sex offenders don't have to provide their Web names and addresses to police
Agreeing with a trial judge, a federal appeals court has refused to enforce provisions of a California ballot measure that require registered sex offenders to provide law enforcement with all Internet names and addresses they use in social media, instant messaging and Web posts.
The overbroad Californians Against Sexual Exploitation Act violates the First Amendment of the U.S. Constitution by chilling the free speech rights of those who have completed parole and probation, the San Francisco-based 9th U.S. Circuit Court of Appeals held in its Tuesday ruling.
Also known as Proposition 35, the initiative was approved by voters in 2012, the Los Angeles Times (sub. req.) notes.
“Just as the act burdens sending child pornography and soliciting sex with minors, it also burdens blogging about political topics and posting comments to online news articles,” wrote Judge Jay Bybee in the three-judge panel’s unanimous opinion (PDF).
“Sex offenders’ fear of disclosure in and of itself chills their speech,” the opinion also says. “If their identity is exposed, their speech, even on topics of public importance, could subject them to harassment, retaliation, and intimidation.”
The ACLU of Northern California and the Electronic Frontier Foundation backed the unidentified John Doe and Jack Roe plaintiffs in the case.
It isn’t known whether the state attorney general will seek en banc review of the appellate court’s decision, the Times says.
Convicted sex offenders are still required by state law to register with local police and provide police with photographs of themselves.
