Reforming Florida’s Sex Offender Registry Laws
A proposed class of convicted sex offenders failed to meet the high bar required for broad injunctive relief when it made a facial challenge to a Kentucky law that bans their anonymous use of social media, according to a ruling Monday from the Sixth Circuit. A panel of the appeals court vacated a preliminary injunction granted by U.S. District Judge
Read moreThe Supreme Court’s decision in Holsey Ellingburg v. United States (No. 24-482) should reopen a long-overdue conversation about the constitutional foundations of modern sex offender laws. In Ellingburg, the Court made clear that labels do not control constitutional analysis: when a legal consequence operates like punishment, is imposed as part of a criminal judgment, enforced through the criminal justice system,
Read moreA recent federal court decision in United States v. McDonald, (Dist. N. Mex, January 6, 2016) delivers an important reminder to people on probation or supervised release: you do not lose your Fifth Amendment rights just because you are in sex offense treatment or required to take polygraph exams! The court upheld the general requirement that Mr. McDonald participate in
Read moreBelow is Louis Clements’ brief, filed today in the Middle District of Florida. Clements’ attorneys did a fantastic job of highlighting how Florida’s residency restrictions tip the scales, making registration tantamount to confinement. Special thanks to all who submitted declarations in this case and Professor Socia for his expert report on the residency restrictions in Florida. Clements Remand Brief
Read moreCongratulations to registrants in the State of Missouri and their attorney, Janice Bellucci (ACSOL), who prevailed in the State and Police Chief’s appeal of a lower court ruling finding a Halloween Sign law, requiring registrants to post a sign at their residence on Halloween, to be compelled speech and a violation of the First Amendment. The 8th Circuit Court of
Read moreThe Michigan Supreme Court recently issued a decision in People of Michigan v. Robert James Kardasz, a case that once again highlights how courts across the country are grappling with the constitutional limits of modern sex-offender registration laws. While the ruling directly applies only to Michigan, its reasoning has clear implications for Florida and other states that maintain expansive, lifetime
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