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	<title>
	Comments on: Federal judge rules Tennessee sex offender law punishes retroactively	</title>
	<atom:link href="https://floridaactioncommittee.org/federal-judge-rules-tennessee-sex-offender-law-punishes-retroactively/feed/" rel="self" type="application/rss+xml" />
	<link>https://floridaactioncommittee.org/federal-judge-rules-tennessee-sex-offender-law-punishes-retroactively/</link>
	<description>Reforming Florida’s Sex Offender Registry Laws</description>
	<lastBuildDate>Sat, 13 Feb 2021 02:01:29 +0000</lastBuildDate>
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	<item>
		<title>
		By: AJ		</title>
		<link>https://floridaactioncommittee.org/federal-judge-rules-tennessee-sex-offender-law-punishes-retroactively/comment-page-2/#comment-39107</link>

		<dc:creator><![CDATA[AJ]]></dc:creator>
		<pubDate>Sat, 13 Feb 2021 02:01:29 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=14824#comment-39107</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/federal-judge-rules-tennessee-sex-offender-law-punishes-retroactively/comment-page-2/#comment-39103&quot;&gt;Anonymous&lt;/a&gt;.

Anonymous:
In &lt;em&gt;Smith&lt;/em&gt;, SCOTUS said dissemination of &quot;mostly public&quot; information regarding RCs was civil and thus not punishment.  Anything and everything above and beyond since then has been decided below SCOTUS (State courts, Federal District and Circuit courts), with mixed outcomes.  IMO the constantly building caselaw is reaching critical mass and eventually one of these cases will land at SCOTUS and they will &lt;strong&gt;finally&lt;/strong&gt; grant review.  What happens after that, who knows? I would like to hope SCOTUS sees what a nasty, messy, sh-tstorm they&#039;ve made and that the burdens spread far and wide beyond the RCs themselves to spouses, families, and children.  I&#039;m 100% confident there will be a plethora of amici who chime in with &lt;em&gt;real&lt;/em&gt; recidivism data.  Sadly for us, the wheels of justice turn very slowly.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/federal-judge-rules-tennessee-sex-offender-law-punishes-retroactively/comment-page-2/#comment-39103">Anonymous</a>.</p>
<p>Anonymous:<br />
In <em>Smith</em>, SCOTUS said dissemination of &#8220;mostly public&#8221; information regarding RCs was civil and thus not punishment.  Anything and everything above and beyond since then has been decided below SCOTUS (State courts, Federal District and Circuit courts), with mixed outcomes.  IMO the constantly building caselaw is reaching critical mass and eventually one of these cases will land at SCOTUS and they will <strong>finally</strong> grant review.  What happens after that, who knows? I would like to hope SCOTUS sees what a nasty, messy, sh-tstorm they&#8217;ve made and that the burdens spread far and wide beyond the RCs themselves to spouses, families, and children.  I&#8217;m 100% confident there will be a plethora of amici who chime in with <em>real</em> recidivism data.  Sadly for us, the wheels of justice turn very slowly.</p>
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		<item>
		<title>
		By: C J		</title>
		<link>https://floridaactioncommittee.org/federal-judge-rules-tennessee-sex-offender-law-punishes-retroactively/comment-page-2/#comment-39106</link>

		<dc:creator><![CDATA[C J]]></dc:creator>
		<pubDate>Fri, 12 Feb 2021 17:34:03 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=14824#comment-39106</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/federal-judge-rules-tennessee-sex-offender-law-punishes-retroactively/comment-page-2/#comment-39103&quot;&gt;Anonymous&lt;/a&gt;.

Indeed.

Since 2003 Smith vs Doe this horse is of a completely different hue. In particular when it went world wide web.

They&#039;ve dog piled on additional burdens above and beyond the &quot;price club card&quot; version.

The 6th circuit Does vs Snyder (denied cert) opinion explains this trend perfectly.

Everyone should read that 14 page opinion.

I&#039;m in a SORNA state. It&#039;s more rigorous than the probation I completed.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/federal-judge-rules-tennessee-sex-offender-law-punishes-retroactively/comment-page-2/#comment-39103">Anonymous</a>.</p>
<p>Indeed.</p>
<p>Since 2003 Smith vs Doe this horse is of a completely different hue. In particular when it went world wide web.</p>
<p>They&#8217;ve dog piled on additional burdens above and beyond the &#8220;price club card&#8221; version.</p>
<p>The 6th circuit Does vs Snyder (denied cert) opinion explains this trend perfectly.</p>
<p>Everyone should read that 14 page opinion.</p>
<p>I&#8217;m in a SORNA state. It&#8217;s more rigorous than the probation I completed.</p>
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		<item>
		<title>
		By: C J		</title>
		<link>https://floridaactioncommittee.org/federal-judge-rules-tennessee-sex-offender-law-punishes-retroactively/comment-page-1/#comment-39105</link>

		<dc:creator><![CDATA[C J]]></dc:creator>
		<pubDate>Fri, 12 Feb 2021 14:41:06 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=14824#comment-39105</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/federal-judge-rules-tennessee-sex-offender-law-punishes-retroactively/comment-page-1/#comment-39102&quot;&gt;Anonymous&lt;/a&gt;.

Yes. This is quoted from the SCOTUS opinion.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/federal-judge-rules-tennessee-sex-offender-law-punishes-retroactively/comment-page-1/#comment-39102">Anonymous</a>.</p>
<p>Yes. This is quoted from the SCOTUS opinion.</p>
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		<title>
		By: AJ		</title>
		<link>https://floridaactioncommittee.org/federal-judge-rules-tennessee-sex-offender-law-punishes-retroactively/comment-page-1/#comment-39104</link>

		<dc:creator><![CDATA[AJ]]></dc:creator>
		<pubDate>Fri, 12 Feb 2021 04:06:17 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=14824#comment-39104</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/federal-judge-rules-tennessee-sex-offender-law-punishes-retroactively/comment-page-1/#comment-39098&quot;&gt;Detroit&lt;/a&gt;.

Detroit:  Thank you for your post.  I already suspected where your thoughts were on the case.  I just felt it important to say something more than &quot;they screwed up.&quot;  (I really dislike when someone points out a problem but offers no solution.  Clearly one must have a possibility in mind or else there&#039;d not be a problem found!)  Helping others know how and where a case got screwed up or undersold can only be helpful to others&#039; increased understanding. I&#039;m with you on it, brother!  Again, thank you.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/federal-judge-rules-tennessee-sex-offender-law-punishes-retroactively/comment-page-1/#comment-39098">Detroit</a>.</p>
<p>Detroit:  Thank you for your post.  I already suspected where your thoughts were on the case.  I just felt it important to say something more than &#8220;they screwed up.&#8221;  (I really dislike when someone points out a problem but offers no solution.  Clearly one must have a possibility in mind or else there&#8217;d not be a problem found!)  Helping others know how and where a case got screwed up or undersold can only be helpful to others&#8217; increased understanding. I&#8217;m with you on it, brother!  Again, thank you.</p>
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		<title>
		By: Anonymous		</title>
		<link>https://floridaactioncommittee.org/federal-judge-rules-tennessee-sex-offender-law-punishes-retroactively/comment-page-2/#comment-39103</link>

		<dc:creator><![CDATA[Anonymous]]></dc:creator>
		<pubDate>Fri, 12 Feb 2021 03:24:28 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=14824#comment-39103</guid>

					<description><![CDATA[I don’t understand how SORA is declared to punish retroactively if it’s civil. Then It shouldn’t punish at any time. Wtf]]></description>
			<content:encoded><![CDATA[<p>I don’t understand how SORA is declared to punish retroactively if it’s civil. Then It shouldn’t punish at any time. Wtf</p>
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		<title>
		By: Anonymous		</title>
		<link>https://floridaactioncommittee.org/federal-judge-rules-tennessee-sex-offender-law-punishes-retroactively/comment-page-1/#comment-39102</link>

		<dc:creator><![CDATA[Anonymous]]></dc:creator>
		<pubDate>Fri, 12 Feb 2021 03:15:14 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=14824#comment-39102</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/federal-judge-rules-tennessee-sex-offender-law-punishes-retroactively/comment-page-1/#comment-39101&quot;&gt;C J&lt;/a&gt;.

They really said/wrote this?? Case closed!! Done deal!!! We’re all free!!
. . .. speaking and listening in the modern public square, and otherwise exploring the vast realms of human thought and knowledge. These websites can provide perhaps the most powerful mechanisms available to a private citizen to make his or her voice heard. They allow a person with an Internet connection to “become a town crier with a voice that resonates farther than it could from any soapbox.” Reno, 521 U.S., at 870, 117 S.Ct. 2329.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/federal-judge-rules-tennessee-sex-offender-law-punishes-retroactively/comment-page-1/#comment-39101">C J</a>.</p>
<p>They really said/wrote this?? Case closed!! Done deal!!! We’re all free!!<br />
. . .. speaking and listening in the modern public square, and otherwise exploring the vast realms of human thought and knowledge. These websites can provide perhaps the most powerful mechanisms available to a private citizen to make his or her voice heard. They allow a person with an Internet connection to “become a town crier with a voice that resonates farther than it could from any soapbox.” Reno, 521 U.S., at 870, 117 S.Ct. 2329.</p>
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		<item>
		<title>
		By: C J		</title>
		<link>https://floridaactioncommittee.org/federal-judge-rules-tennessee-sex-offender-law-punishes-retroactively/comment-page-1/#comment-39101</link>

		<dc:creator><![CDATA[C J]]></dc:creator>
		<pubDate>Thu, 11 Feb 2021 18:16:31 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=14824#comment-39101</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/federal-judge-rules-tennessee-sex-offender-law-punishes-retroactively/comment-page-1/#comment-39100&quot;&gt;Jacob&lt;/a&gt;.

Jacob:

Yes sir. &quot;The devil is in the details.&quot; However, the SCOTUS opinion not only addresses the law of prohibition, but further argues more broadly in part, such as:

&quot;This background informs the analysis of the North Carolina statute at issue. Even making the assumption that the statute is content neutral and thus subject to intermediate scrutiny, the provision cannot stand. In order to survive intermediate scrutiny, a law must be &quot;narrowly tailored to serve a significant governmental interest.&quot; McCullen v. Coakley, 573 U.S&quot;.

Is collection of internet ID&#039;s, email, screen names, etc. from EVERYONE narrowly tailored?

The opinion further states:

&quot;First, given the broad wording of the North Carolina statute at issue, it might well bar access not only to commonplace social media websites but also to websites as varied as Amazon.com, Washingtonpost.com, and Webmd.com. &quot;

and:

&quot; (the prohibition) from using those websites, North Carolina with one broad stroke bars access to what for many are the principal sources for knowing current events, checking ads for employment, speaking and listening in the modern public square, and otherwise exploring the vast realms of human thought and knowledge. These websites can provide perhaps the most powerful mechanisms available to a private citizen to make his or her voice heard. They allow a person with an Internet connection to &quot;become a town crier with a voice that resonates farther than it could from any soapbox.&quot; Reno, 521 U.S., at 870, 117 S.Ct. 2329.

Certainly Packingham can be at minimum cited in challenges to 1st amendment infringements, even if the statute does not prohibit a Facebook account or the like.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/federal-judge-rules-tennessee-sex-offender-law-punishes-retroactively/comment-page-1/#comment-39100">Jacob</a>.</p>
<p>Jacob:</p>
<p>Yes sir. &#8220;The devil is in the details.&#8221; However, the SCOTUS opinion not only addresses the law of prohibition, but further argues more broadly in part, such as:</p>
<p>&#8220;This background informs the analysis of the North Carolina statute at issue. Even making the assumption that the statute is content neutral and thus subject to intermediate scrutiny, the provision cannot stand. In order to survive intermediate scrutiny, a law must be &#8220;narrowly tailored to serve a significant governmental interest.&#8221; McCullen v. Coakley, 573 U.S&#8221;.</p>
<p>Is collection of internet ID&#8217;s, email, screen names, etc. from EVERYONE narrowly tailored?</p>
<p>The opinion further states:</p>
<p>&#8220;First, given the broad wording of the North Carolina statute at issue, it might well bar access not only to commonplace social media websites but also to websites as varied as Amazon.com, Washingtonpost.com, and Webmd.com. &#8221;</p>
<p>and:</p>
<p>&#8221; (the prohibition) from using those websites, North Carolina with one broad stroke bars access to what for many are the principal sources for knowing current events, checking ads for employment, speaking and listening in the modern public square, and otherwise exploring the vast realms of human thought and knowledge. These websites can provide perhaps the most powerful mechanisms available to a private citizen to make his or her voice heard. They allow a person with an Internet connection to &#8220;become a town crier with a voice that resonates farther than it could from any soapbox.&#8221; Reno, 521 U.S., at 870, 117 S.Ct. 2329.</p>
<p>Certainly Packingham can be at minimum cited in challenges to 1st amendment infringements, even if the statute does not prohibit a Facebook account or the like.</p>
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		<item>
		<title>
		By: Jacob		</title>
		<link>https://floridaactioncommittee.org/federal-judge-rules-tennessee-sex-offender-law-punishes-retroactively/comment-page-1/#comment-39100</link>

		<dc:creator><![CDATA[Jacob]]></dc:creator>
		<pubDate>Thu, 11 Feb 2021 15:10:37 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=14824#comment-39100</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/federal-judge-rules-tennessee-sex-offender-law-punishes-retroactively/comment-page-1/#comment-39099&quot;&gt;Detroit&lt;/a&gt;.

Packingham of course had nothing to do with registering internet IDs.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/federal-judge-rules-tennessee-sex-offender-law-punishes-retroactively/comment-page-1/#comment-39099">Detroit</a>.</p>
<p>Packingham of course had nothing to do with registering internet IDs.</p>
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		<item>
		<title>
		By: Detroit		</title>
		<link>https://floridaactioncommittee.org/federal-judge-rules-tennessee-sex-offender-law-punishes-retroactively/comment-page-1/#comment-39099</link>

		<dc:creator><![CDATA[Detroit]]></dc:creator>
		<pubDate>Thu, 11 Feb 2021 08:43:22 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=14824#comment-39099</guid>

					<description><![CDATA[CJ:
Packingham is binding on every court in the U.S.]]></description>
			<content:encoded><![CDATA[<p>CJ:<br />
Packingham is binding on every court in the U.S.</p>
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		<item>
		<title>
		By: Detroit		</title>
		<link>https://floridaactioncommittee.org/federal-judge-rules-tennessee-sex-offender-law-punishes-retroactively/comment-page-1/#comment-39098</link>

		<dc:creator><![CDATA[Detroit]]></dc:creator>
		<pubDate>Thu, 11 Feb 2021 08:40:25 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=14824#comment-39098</guid>

					<description><![CDATA[AJ:
At page 79 the court points out that the litigants didn&#039;t provide detailed information on how the registry affects them.  This requires more than conclusory statements and the court even pointed this deficiency out to them.  Also, registrants have won a series of First Amendment claims that don&#039;t seem to have been raised by the attorneys, i.e., Doe v Prosecutor, 705 F3d 694 (7th Cir., 2013); Doe v Nebraska, 898 F Supp 1086 D. NE, 2012); Doe v Shurtleff (D. UT, 2008); Harris v State, 985 NE2d 767 (2013) and perhaps about a dozen  other cases.
In the context that this claim was presented to the court, how the registry affects the registrants are affected by the registry is important.  The court repeatedly stated that the plaintiffs presented their claims in a confusing manner so the trial court was forced to decipher their claims.  This shows that the whole complaint was incredibly poorly prepared.
On a side note.  It appears that FAC is compiling registrant experiences on how the registry affects them.  It can take attorneys months or even years to identify suitable claimants for litigation.  This is a benefit of an organization such as FAC.  They can compile experiences over several years.  When their attorneys need to raise an in issue, they don&#039;t have to chase down claimants and examine all of their claims.  FAC has already done that for them.  Giving their attorneys a list of claimants and their claims saves a lot of time so they can focus on litigation and it also helps them get into court faster.  My sense is that FAC is collecting these experiences for any future litigation.  If this is what FAC is doing they need as many registrants as possible to share their experiences.  The larger the pool of registrants the better the chance the attorneys will get the factual situation they are looking for.]]></description>
			<content:encoded><![CDATA[<p>AJ:<br />
At page 79 the court points out that the litigants didn&#8217;t provide detailed information on how the registry affects them.  This requires more than conclusory statements and the court even pointed this deficiency out to them.  Also, registrants have won a series of First Amendment claims that don&#8217;t seem to have been raised by the attorneys, i.e., Doe v Prosecutor, 705 F3d 694 (7th Cir., 2013); Doe v Nebraska, 898 F Supp 1086 D. NE, 2012); Doe v Shurtleff (D. UT, 2008); Harris v State, 985 NE2d 767 (2013) and perhaps about a dozen  other cases.<br />
In the context that this claim was presented to the court, how the registry affects the registrants are affected by the registry is important.  The court repeatedly stated that the plaintiffs presented their claims in a confusing manner so the trial court was forced to decipher their claims.  This shows that the whole complaint was incredibly poorly prepared.<br />
On a side note.  It appears that FAC is compiling registrant experiences on how the registry affects them.  It can take attorneys months or even years to identify suitable claimants for litigation.  This is a benefit of an organization such as FAC.  They can compile experiences over several years.  When their attorneys need to raise an in issue, they don&#8217;t have to chase down claimants and examine all of their claims.  FAC has already done that for them.  Giving their attorneys a list of claimants and their claims saves a lot of time so they can focus on litigation and it also helps them get into court faster.  My sense is that FAC is collecting these experiences for any future litigation.  If this is what FAC is doing they need as many registrants as possible to share their experiences.  The larger the pool of registrants the better the chance the attorneys will get the factual situation they are looking for.</p>
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