Appellee Brief filed in Henry – And it’s strong!
“Fourteen years ago, Bruce Henry was arrested for possession of child pornography. He pled guilty and served his time in prison. Upon reentering the community, Henry built a productive life. He received counseling, he found stable employment, and he became a volunteer at his church. He also started a family.
Henry married Jennifer and they had a baby boy. Henry’s son is now four years old. Since the day his son was born, Henry has been a loving and devoted father. But Henry is barred by law from living in the same home as his son. In Alabama, any adult convicted of a child-pornography offense may never reside with
his own minor child. The law contains no exceptions or avenues for relief. It is categorical and permanent. And it applies regardless of the nature of the offense or any other mitigating factor.”
That is the background of the Case being heard by the 11th Circuit Court of Appeals. Bruce Henry is fighting an Alabama law that says because of a past conviction for child pornography he can’t live in the same house as his own child. The District Court said the state can’t do that. Even a 3 justice panel of the 11th Circuit agreed. But prompted by something, and for reasons we may never learn, the 11th Circuit took it upon itself to rehear the case with every Justice of the Circuit having the opportunity to weigh in.
Attorneys for Bruce Henry filed their brief today and we think it’s exceptional! It’s great, not only because it’s well written and the legal arguments are solid, but because this is (we hope) one scenario where registrants can show that sex offender registration laws have been taken to such a preposterous extreme that they’ve not only tipped the scale, but fell off a cliff.
Remember, a decision in Henry will be binding precedent in Florida, so this case is extremely important. We will continue to keep you updated on this each step of the way.
You can read the Brief here: BRUCE HENRY EN BANC BRIEF and share your thoughts below.
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Justice Thurmond Marshall, former Supreme Court Judge, wrote “if the First Amendment means anything, it means that a state has no business telling a man, sitting alone in his own house, what books he may read or what films he may watch.” We are so afraid to question the validity of the more recent outlandish findings on this subject. There is little difference when illegal immigrants are separated from their children. It is beyond reason as a human rights and constitutional issue that someone who held CP, tried, punished, treated, and released 14-years ago, should be kept from his children, especially in a two-adult household, without other imposing issues that make it unsafe to do so. Where is the humanity of our lawmakers, civil servants, and judges?
It for this very reason why the people don’t trust the legal system or the government…making decisions without being transparent to the people as to why the one judge queried their colleagues about an en banc hearing without any prompt by either party to the case and then those polled decided to grant the en banc hearing. It reeks of holier than thou because I wear a robe and make decisions you peons must obey (on paper at least and though states et al have disobeyed court orders and opinions for ages).
Unless of national security implications, of which this case is not and neither are the machinations within the 11th CCOA, all related moves should be made open for all to see, read, and understand without fail. It is the prerogative of the court to do as they see fit, but the founding fathers wouldn’t be happy with this court membership for this action.
But here in Florida, a registrant is allowed by law to live with his kids, I have two minor children that i reside with. So if Henry wins in Alabama, how will that affect us?
It doesn’t affect us in Fl if he wins but if he loses some genius running for some office will use the decision to make that law in FL
Of course a win will benefit us. If it’s unconstitutional in the 11th Circuit it’s not constitutional in Florida, Alabama and Georgia.
A win in the 11th Circuit would mean that such a law could never be imposed here in Florida.
We are in the same circuit as Alabama.
Sounds like it would ensure that Florida could not pass a law doing that same thing. I don’t know if would apply to a registrant who is on probation.
If Henry loses, rest assured some Florida politician will try to pass a similar law, since they seem to have run out of new ideas to torture Registered Persons.
Makes sense now. Thank you guys 👍
Everyone deserves a second chance. Pray for justice.
Rabi
Well said, I agree. Amen !
This is very strong!!
May God grant favor on behalf of Bruce Henry and all others. Amen.
It’s for sure important. A win for the draconian government would cause the same conditions to spread everywhere within the court’s jurisdiction.