KY: Sex offender sues for anonymity on social media
A Kentucky registrant is taking the state to court over a law that forces people on the sex offense registry to use their full legal name on their social media accounts and email addresses.
The lawsuit, filed in federal court, argues that the state’s demand violates the First Amendment by effectively banning anonymous online speech for anyone on the registry — even those who have long since completed their sentences.
Represented by attorney Guy Hamilton-Smith, a well-known advocate for reforming sex offense laws, the plaintiff contends that being forced to hand over all internet identifiers chills free expression and discourages participation in lawful online activity. Many people use pseudonyms online to discuss sensitive topics, connect with support communities, or simply to maintain privacy — rights that should not be erased simply because someone is on a public registry.
State officials claim the rule is necessary to help law enforcement monitor potential online threats. However, advocates point out that such sweeping surveillance powers go far beyond what’s necessary and end up criminalizing basic freedoms like joining a Facebook group or commenting anonymously on a blog.
This case shines a spotlight on the broader issue of how far states can go in restricting the Constitutional rights of people on registries, particularly in the digital world where anonymity is often essential for open dialogue. A ruling in favor of the plaintiff could set an important precedent protecting free speech rights for registrants nationwide.
We can’t wait for a decision in this case!
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Thank you, Guy Hamilton-Smith!
I can’t wait to see how this goes because FL is same way. They also make you take anyone car registration to sheriff department and register that under my name because I might ride in it. That’s if they live with me only. I think it’s stupid because I have my own car..so what do you do if you live in apartment complex. Seems that’s a violation to their rights and mine
I had never contemplated the Apartment Complex vehicle situation. However I am sure that they would say it only affects vehicles registered to the Specific apartment a PFR lives in. You bring up a very interesting point. If I happened to live in a large complex I would probably report every single vehicle in the parking lot just to force the issue to be clarified while laughing at them for having to take all day to do the entries.
Due to the States’ actions he is literally putting his life in danger every time he logs onto social media and the common rebuttal to that argument, that offender’s actions and the conviction put him in such a position, defy any legal and/or common sense.
Why does there have to be a full name? Any social media app is connected to an email address. Law enforcement can monitor the account that way. The account has to be registered anyways. The full legal name is crazy. It all gives hackers and scammers more potential to scam people. All law enforcement needs is the internet identifier attached to that account. If something happens and reports the account it can be traced back to that person. Anyone can make a clone account and put your name on it as well. And then act like you. It happens on Facebook all the time. So what is LE gonna do? Just come after the person simply because the name matches without looking into where the account actually from? It wouldn’t be a strong case. IP addresses can be tracker and traced. They are just making excuses
I’d imagine waiting is the one thing they will make this guy do. These cases seem to take a rediculasy long time to get a decision.
Hopefully he wins on some level.
Can someone tell me,how can I locate a friend( he is offender) on social media?
Ty
The same way you would locate anyone else, I assume.
This would be a great ruling if it goes our way. The attorney is top notch and I dont think he would attempt this if he was not confident he would win. However, this is in the 6th Judicial Circuit which I believe is MI, OH, TN and KY. It would be persuasive but not binding. I am assuming the timing is based on the Decision out of MI about their registry. Good Luck to all involved and a win is a win. A win is just a brick out of the wall but a brick out is better than a brick in.
That’s alright, Florida has enough bricks to keep adding.
Luckily, we’ve already won this fight in Florida. A Federal court order was put in place in 2018 restricting the state from expanding the definition, or further enhancing the requirements for registration of, so-called “internet identifiers.” This was from a lawsuit filed by FAC. You can read about it here: https://floridaactioncommittee.org/decision-in-internet-identifier-case/
RM I remember that but if this guy wins this case he will not have to list any Internet Identifiers unless I am mistaken. Personally, we shouldn’t have to.