A convicted sex offender in Washington challenged a provision of his probation that prevented him from “possessing or accessing pornographic materials” and won!
The definition of “pornographic materials”, he argued, is unconstitutionally vague. It could mean watching the film Titanic, or having a Victoria’s Secret catalogue.
The Court agreed, finding, “the statute must “give the person of ordinary intelligence a reasonable opportunity to know what [behavior] is prohibited.” Grayned, 408 U.S. at 108. Second, the law must provide explicit standards to those charged with enforcing the law in order to prevent “arbitrary and discriminatory” application. Id. Finally, a vague law that encroaches on “‘sensitive areas of basic First Amendment freedoms'” naturally inhibits the exercise of those freedoms because individuals who are uncertain of the meaning of a statute will steer “‘far wider”‘ than necessary in order to ensure compliance. Id. at 109 (quoting Baggett v. Bullitt, 377 U.S. 360, 372, 84 S. Ct. 1316, 12 L. Ed. 2d 377 (1964)).”
The issue is very similar to our Internet Identifier case, where the State requires us to register “internet identifiers” for websites, but doesn’t tell us which sites we have to register and registrants and law enforcement might (and often do) have completely different ideas as to what should be registered.
I agree with Phil Maestro. I am on lifetime probation in Washington State.
They not only make the rules , but some force you to jump through hoops without any relevance to your conviction under threat of returning you to prison.
There is no need for the probation dept at all. Here’s why –
1) They do NOT help you. They’re hoping for a reason to violate you.
2) If you opt for a longer prison sentence, you can request no probation and they usually grant your plea request.
3) The probation officers consider you a “danger” for the duration of your probation period. If the judge sentences you to 1 month of probation, you’re dangerous and have to follow their ridiculous rules for 1 month. Whatever the probation sentence length is, that’s how long you’re apparently a threat. It’s ridiculous.
This is similar to California’s vague residency notification requirements. The law says one has five days to register a new residence, but doesn’t define a new residence, except as a place you “regularly” reside. Police departments even “suggest” that you give notice when you go on vacation for more than five days, because you “may” be violated for establishing a new residence. Tends to make me want to report almost any move. What would they consider going to the same vacation spot every year, even if you just spend one night? Our law doesn’t answer that, and I would hate to ask. Each registry clerk would give a differing answer anyway. They don’t know.
I live in Washington states, we have one of the best RSO programs in the country, I disagree with this ruling.
every parole officer and corrections officer use a therapist to outline the rule of the pornographic materials for every individual.
Example:
for me game of thrones was perfectly fine, along with anything rated R or under, as long as i would not self pleasuring my self while watching.
Some people with a history of in ability to control sexual urges would be restricted to PG-13 and under.
however some people who had a strong affinity to children were restricted from having toy-r-us catalogs or watching movies with strong children lead roles where they admit they would pleasure themselves while watching.
The way they convict people is with a polygraph on the question “out side of what your therapist has allowed have you viewed any pornographic material”
I triggered covenant eyes several times and never had a conviction after a small investigations. this was due to the nature of my work and passing a polygraph.
everything in this state is risk based not sentenced based, a ruling like this ultimately hurts this process.
What about the person who is not in therapy, but still under the requirement? What about the rogue probation officer who wants to violate a person’s probation over a wife’s Victoria’s Secret catalog? A ruling like this helps to avoid being arrested for any ole reason and, since rights are being taken away and with punishment being jail you’re damn right the State better be more specific and not put the decision in the hands of those who would abuse it especially, if determined by a polygraph (which is not accurate, btw. The law does not require a polygraph in order to violate, arrest and go to jail and a therapist has no power to prevent a thing). This decision does not hurt any process that you seem so satisfied with. You’ve just been lucky so far, is all.
With all due respect to k. wolf and his first amendment right to freely express his opinions, this is a BIG win for the U.S. Constitution. If the state or federal governments can enforce vague or arbitrary laws, then my comments as well as k. wolf’s and all others are subject to infringement.
K Wolf:
“for me game of thrones was perfectly fine, along with anything rated R or under, as long as i would not self pleasuring my self while watching”
So, basically you’re ok with the idea that these Cracker Jack therapists are dehumanizing you. That’s lovely! Now ask them if they’ve EVER “pleasured themselves” at ANY point in their entire existence and they’ll tell you “it’s not about me”, which is a “yes”. So therefore, anyone who masturbates is GOING to commit a sex crime.
You should really think about how much you’ve been brainwashed.
Hooray!!! One for us!!! Good job to the person who took their case to court and won!!