Michigan Law Review: International Megan’s Law as Compelled Speech
When the IML was signed into law, a handful of observers saw it for what it was: bad policy. The sole representative to object to the passport identifier during congressional debate worried that the provision could lead to unintended consequences, including persecution and the risk of bodily harm.
Others denounced the IML’s provision as “vindictive and petty”and “premised on a profound and consequential misunderstanding of how sex crimes against minors are usually perpetrated.”This criticism of the passport identifier as policy is valid and important.But this Note argues further that the passport identifier is unconstitutional compelled speech. The government cannot validly claim that the passport identifier is owed the protection that courts normally afford to government speech. By conscripting passport-bearing Americans into warning others about their own prior convictions on the United States’ behalf, the government has run afoul-of the Constitution.The compelled speech doctrine protects passport holders who suffer this egregious violation to their speaker autonomy, particularly in light of the serious—even deadly—ramifications of the factual speech the passport identifier compels.
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Whats the legal definition of “compelled speech”
I’m off the Virginia registry where the offense took place 20 years ago but I am on the Florida registry because I moved here to retire and help my parents.
What transpired that caused you to get put on the FL registry? How did that happen?
I was on probation when I moved to Florida from Virginia. I had to get permission to leave Virginia and have my probation moved to Florida. That was the signal to put me on the Florida registry. My probation was terminated eleven years early but not my name on the Florida registry. Once your name is on the Florida registry it’s ‘buried in concrete’ there…as you know.
Bad idea to move while still on probation though. But thank you for your answer. Appreciated.
I wanted to move to NYC from CT while I was on probation but then decided against it because I didn’t want to go from one nasty probation officer in my home state to a potentially nastier probation officer in a state that is all new to me (as a resident at least).
At the time probation in Florida was the least of my concern. My parents needed my help. Three months after I got here my dad passed away. Mom wanted to stay in her home so I went ahead and had my retirement home built in Port St. John. During that time I was arrested for saying “Good morning ” to my neighbor’s son in broad daylight on a neighborhood sidewalk…a neighborhood ‘biddy’ reported it. The boy’s parents supported me. Mom almost had to move into a nursing home because I was gone temporarily and could not help her with her home. The judge shook his head at hearing my “massive failure” and let me come home. My sister had to come from California to provide temp help. Finally I was back on scene and Mom was safe in her home for a while. Her doctor told me, though, that it was not safe for her to live by herself so I moved her into assisted living where she kept her own furniture, had her meals all provided, and a nurse available 24/7. In 2013 she joined Dad. My daughter moved to Florida and lived into Mom’s home for a while until her immaturity and “friends” required me to move her out. She’s making it OK now and has done a lot of growing up. My son lived with me while he was technical director at East Coast Christian Center and before he got married and moved to Orlando.
I try to make the best out of situations and over all am glad I moved to Florida. I have made lots of friends. I let my wife’s death get me off track for a few years but God and many Christian brothers and sisters have made restoration possible. I have been blessed. My vault is in place in Virginia Beach…next to my wife…and one day I will join her. My goal…encourage God and my wife to smile down on me and say,”Well done my good and faithful servant…and husband.”
Ok, so i did three days of travel to nyc: went to vcso and submitted my info: again told i dont need to as id be back on the third day. I asked to have it they did. Flew out. Local Pd for some reason comes out to my home and harasses my wife as to why im not home. She states im traveling and has the fdle flyer that i reported it. They say i didnt tell them. (the local pd) And theyll be back the day after i arrive. Officer shows up and questions why i was in nyc. I stated i reported the travel To vcso. Again he asked why i went i respectfully declined to answer. He made me sign that weird piece of paper with their procedures on how to verify an address and then does something i NEVER Saw. He asks for my drivers license again and takes a picture of it on his bodycam. I dont know who else i need to tell of my travel but the few times they come im either away or not at the house and they continue to freak out my wife and children. I havent been on any paper in 20 years. No anything (until i come to florida 5 years ago and theybtried to get me on a failure but they had to file a no info when they realized my circumstance) but ended up on the list via a corrections captain that put me on the day i was brought in. So you see, if theres this much confusion and disconnect on a LOCAL level imagine anything larger…..
JM – if you’re not on paper you DO NOT need to tell your local PD why you traveled. It’s none of their business.
FAC what does being on paper have to do with it? Are you EVER required to tell local PD such a thing?
For travel < 3 days, registrants and their family members are not required to tell local PD ANYTHING about registrants’ whereabouts, amirite? Would they be better off telling them, “sorry, I don’t answer questions like that.”
Probation officer would be a different story, I know, bad that did not appear to be an issue here.
You are required to report the establishment of a transient, temporary or permanent residence (3 or more days) to the sheriff’s office. If the police come to your door to do an address verification and ask why you went to wherever (that you have reported) and you are not on probation, you don’t have to tell them why.
Generally, on probation you must get permission to travel and your PO can inquire why you went.
On probation you are not required to tell local PD anything during their address checks, unless instructed to do so by probation officer. Correct?
Its pretty rampant and constant. And they keep insisting to my wife that i need to tell them yet i dont know who else to tell! When they tell me to be there when they come back They call in my driv license, take a picture of it check for warrants and make me sign. They tell her that theyll be back lets say sunday and i need to be there. Seems like a little more than an address check.
Nope – you don’t need to be there. Call their supervisor and let them know they are doing that.
Hira a lawyer. There are cases in FL similar where we are winning and being removed from the FL registry