New SCOTUS opinion can help Internet Identifier case.
This week, the Supreme Court of the United States issued an opinion in Sessions v. Dimaya that could prove helpful in our Internet Identifier case. Although the case had nothing to do with the sex offender registry, the issue centered around a vague statute. Specifically; what constitutes a “crime of violence”.
As is one of the issues in our internet identifier case, the requirements for registration are “hopelessly vague” (that’s in quotes because it is what our Judge found in granting the Preliminary Injunction). Even in the latest rendition of the Florida Internet Identifier registration requirements; there are three exemptions to what one might interpret as “Social Internet Communication” (as defined in 775.21);
SCOTUS newcomer, Justice Gorsuch, gave the most meaningful and insightful input in this week’s opinion. He wrote, that “vague laws invite arbitrary power…by leaving the people in the dark about what the law demands and allowing prosecutors and courts to make it up.” Applied to our case, if which sites require registration and which don’t are not expressly listed and is left to the decision of police and prosecutors, we are giving them arbitrary power.
“void for vagueness doctrine, at least properly conceived, serves as a faithful expression of ancient due process and separation of powers principles the Framers recognized as vital to ordered liberty under the Constitution. In the criminal context, the law generally must afford “ordinary people . . . fair notice of the conduct it punishes,”” (relying on Johnson v. United States) Significantly, Judge Hinkle relied heavily on the Johnson case in issuing our Preliminary Injunction, which makes it all the more relevant.
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So, it was my understanding ( misguided) that identifiers were only for law enforcement? You can now search on fdle via identifier and it brings up person associated.
Has this always been the case?
That’s not correct.
You CAN search for the identifier and it WILL tell the person searching whether the identifier is registered to a RSO, but it WILL NOT identify the person associated with the identifier.
In it’s final order the court entered a narrow injunction that prevents the disclosure of the identity of a registrant associated with a given Internet identifier or email address except for official law enforcement uses.
What was the NOTICE OF SUPPLEMENTAL AUTHORITY filed on Friday in Delagado v Swearingen?
Thanks
It was notice of the recent SCOTUS case concerning vagueness. The decision was featured in posts last week.
Anything new to report on this? It would be awesome to have some good news out of Florida 😉
Sorry, but as we can’t start new threads, I figured that I would ask on here. To your best knowledge, has anyone filed an ex post facto challenge in the 6th or any other circuit to challenge modifications of the time that people are required to spend on the registry? I know that Kentucky did that a few years back when they changed up their laws. A fair portion of those laws were struck down. Likewise Tennessee has a law that says you must spend 10 years total on the registry or at least 5 years for out of staters and that includes the 1000 foot rule restrictions.
Yes – see Doe v. Snyder in the 6th Circuit. I belive it’s precisely what you are looking for.
That is a great question, I hope maybe someone at FAC or perhaps an Attorney that knows can. I was charged with 1 count of Possession of CP, with an E-mail that was sent from overseas! Deleted it, and 3 months later the feds charged me, because there were other images, which I did not even open that were saved from the E-mail I opened. This happened in 2008, since then I did 6 years in federal prison and completed my probation, well I should say violated because I refused to put up that their stupid court ordered Sex Therapy classes, which was run by the REACH program, a bunch of Nazis, located in Ft. Lauderdale and operated by Dr. Butts, does not know a thing about anything. Anyway, the madness still continues and theres no end in site!