The Supreme Court will soon consider whether to hear a First Amendment challenge to a Louisiana law that required driver’s licenses to identify sex offenders.
According to a Louisiana law, people convicted of sex crimes must use driver’s licenses with the words ‘sex offender’ in large orange letters below their photos.
It can make everyday encounters – with bank tellers, hotel attendants, supermarket cashiers, election officials, airport security officers and prospective employers – humiliating. Critics call the notation a contemporary blood-red letter. State officials said it protects the public from predators.
The Supreme Court of Louisiana hit the law last year and said it violated the First Amendment. State officials have asked the U.S. Supreme Court to hear the case, one that raises important questions about public policy and doctrines about the First Amendment.
I’m concerned about this situation because if the Supreme Court decides to hear this case and reverses it, this is going to open up the opportunity for the government to not only mark registrants’ driver’s licenses, but many others as well. I highly doubt that the Supreme Court will even hear the case let alone overturn it. I don’t want to be an alarmist but it’s a scary thought.
I live in Louisiana and as of January it is NOT a Louisiana law that requires SEX OFFENDER to be on driver’s licenses. This was due to a district court, then the Louisiana supreme court saying it is unconstitutional. The Louisiana AG requested, and was denied by the SCOTUS , and emergency stay of the Louisiana supreme court decision. Then, this spring, a bill was written in the Louisiana legislature (HB56) which would have made an identifying code mandatory for SO driver licenses. This bill died in committee on May 11. The next day I got my new drivers license without for the first time in ten years without SEX OFFENDER under my pic.
So, is this now something new? Two state courts (district & state supreme), and SCOTUS has already agreed to NOT hear it back in January. Plus, a new bill to put a SO code on DLs died just two months ago. So, what is going on now with this?
Mig:
What’s going on is that these laws are unconstitutional and judges are finally waking up.
I’m glad you and others don’t have this mark on your driver’s license anymore.
Because life for a Sex Offender who served their time and are trying to rebuild their lives and re-enter society don’t have enough of a hard time and face enough challenges.
This is a ridiculous idea….I hope the legislators that want this passed remember that when the skeletons in their closets come out, they to will have to have the same ID. Because we all know that at least some of the very people who pass these laws and act all mightier than thou….are also SOs that just haven’t been caught and use their position in authority and politics to hide it.
But as we have seen, eventually they screw up and end up on the news as well…and than they are the ones crying foul about the very laws they helped pass.
Since the State Dept. is so fond of printing passports without the mark, a perfectly legal alternative would be to show a passport instead of a driver’s license. If it’s good for airports, it should be good for the local convenience store clerk.
Even with the mark on the passport, it’s not on the same page as the photo, so there is a bit more discretion potentially than a marked DL.
If the Supreme Court hears this and agrees it is unconstitutional can we then fight IML because putting that on our passport would be compelled speech.
HMMMMMMMM – that’s a very interesting question.
There have been talks among the state organizations about IML because it effects us all. Primarily with ACSOL. This is something I’ll raise with Janice.
All of these documents need to be restored to their original purpose. Drivers license…show that one is qualified to operate a vehicle. Passport…show the citizenship of the possessor. If they are going to do otherwise, then they need to include the total failures of all possessors, not just certain selected failures. In some cases, these documents would have to be much larger.
Capt
Don’t give the powers to be any ideas. lest they come out with a dedicated Sex offender i.D Card that must be in our possession at all times. Even while you take a bubble bath or sitting on the toilet.
Jack, I was just trying to point out how ridiculous these requirements are and how original good intentions can morph into tyranny. It’s good to have these documents but not if they are going to be used to terrorize and control citizens.
Class C violent offender registration green cards or Id’s. For what its worth to many involved in all this registry and to the Capt, Will Allen, Cherokee and many more on here. Who is stepping out of line with all this Id” nonsense and and a scarlet letter on a drivers license or some special ID for safety measures. So their saying its for public safety or community safety or who runs over who with a DUI.
Guess Buffalo Springfield was right about stepping out of line or who is seducing who in this scarlet letter of pretend with much of this after thought. Sure we all can speak up and those in Florida should. Don’t be afraid to speak for truth and justice. One wonders were is bible ethics today that was so prevlent in the earlier days of America or what president or Government has the loudest voice in this corrupt Justice System of America today.
Should we all come together as equal or is the registry the epic of this scarlet letter for all involved. With all this registry equal justice is way out of balance and so is the liberty for many in much of this unjust way. Of course good always comes out of bad so justice is blindsighted in many ways but some states are seeing that much of this is unconstitutional for many in many areas.
All you need to do is visit a friend in a neighboring state and get an ID there. Keep your DL with scarlet letter only for police use. Rent cars by entering DL info online.
Be cafeful…under 6 CFR 37.29(a) An individual may hold only one REAL ID card. An individual cannot hold a REAL ID driver’s license and a REAL ID identification card simultaneously. … (1) A State must check with all other States to determine if the applicant currently holds a REAL ID driver’s license or identification card in another State.
DUDE
NOT A GOOD IDEA
BY MOST STATE STATUTORY REQUIREMENTS, YOU WOULD HAVE TO REPORT THAT ADDRESS OF THE IDENTIFICATION IN ADDITION TO STATE IN WHICH YOU RESIDE…YOU CAN ONLY HAVE ONE STATE ID DOMICILE
SO, THIS IS NOT A CIRCUMVENTING CIRCUMSTANCE
Roger
You might want to run that by a lawyer. Most states have laws against owning more than one states I.Ds. I know that was the law when I worked in law enforcement and I just looked online now before replying to you. Almost everything I saw said the same thing.
I could be wrong but I just do not want anyone getting in trouble with bad information.
CherokeeJack
your right , and to be technical you get a DL in another state then you have the requirement to register there as well, VERY bad Idea
Protection of the public….bull shit. That’s the nicest that I can put it.
So are we hoping the US Supreme Court declines to hear the case? Or do we think there’s a chance the US SC will side in our favor?
I always wonder, just what do they want the cashier to do with this information? What is the hotel suppose to do? What is the bar tender suppose to do? They keep saying it is because me, the public, needs to know. Ok and now what do I do with this information? What does commissioner or state legislator voting this stuff in want me to do with this information? smh
Mp
Well I know what people do with the information on the registry. They spray paint your house, send flyers they made themselves to every address, they come and harass you, try and force you to move, slice your tires, throw dog shit at your house, I could type all night long about this. Supposed to be used ONLY to protect the public, well who the Hell protects US?
I do not even call the police anymore. Only ONCE did the police actually do something. I sent them to the house that two kids threw rocks at my house. After the cops went there, I never had trouble with those two again.
1st amendment?
What about 5th amendment compelled speech? Haven’t we won on that?
Maybe I’m remembering this wrong.
It amazes me to no end how willing the governments are willing to sh!t all over the Constitution and abandon core principles that built this nation under the pretense of public safety.
Bill, let me just say that when I went to trial for CP and my defense brought up several issues of due process and improper computer search that violated written public policies, the federal judge literally shrugged his shoulders and said “so what, counsel?” They don’t recognize the constitution as we do. That’s why there are so many exceptions to the exclusionary rule. Just take a look at all the exceptions that courts created, not legislation or even our founding fathers.
Public safety and security are the most common words of despots.
I myself have first hand experience using my id with my status on it. I was cashing a check the teller looked at my id and told me the funds were not available that there would be a 48 hour hold when I questioned this as I had never had this happen with any of the numerous checks I had cashed from this company before and asked to see a manager the teller called over to another teller who came over she showed her my id not the computer screen which is where it would show this hold the second girl backed up the first my wife called customer service they said they would figure it out then told us to go back to the drive thru where the actual manager was waiting for us she apologized and told us she was in a meeting and that the second teller was supposed to be acting in her behalf and she would not tolerate this kind of discrimination and gave me her cell number telling me to call her if I ever had a problem like this ever again and that both of the tellers would be reprimanded . I have not had a problem there ever since luckily the manager had a loved one on the registry and knows the problems we face and has compassion for our people. (yep they have made us a new race )
Tim
You cannot complain about this because the courts said it is not punishment. Well if it is not punishment it must be the opposite of that then. It must be the Governments “Reward” for being a registered citizen. (Of course I am being sarcastic)
Your WIFE was even punished for God’s sake. I am so sorry you have to go through that. The only similar thing I had happen was at the driver’s license place. The clerk took one look at my license and yelled loud enough for the 200 people in the waiting room to hear “Sir did you know your license says you are a SEX OFFENDER”? I literally peed my pants.
And, my license does not say that, it has a statue # but on her screen I guess that is what comes up. Thanks for letting me know, now I can go register.
Justice is so lopsided. If the U.S. Supreme Court rules against sex offenders then it’s only fair that murderers drivers license say “murderer” on it and the same way should be for drugs, abductors, thieves, kidnapper, arsonist, gang member, abuser, etc…
Dustin
All people who have a history of abusing animals should be put on an abuse registry and have Animal Abuser in big read letters on their drivers license. Now that wouldn’t cause any outcray would it?
Teachers who discipline students should have child abuser on their drivers licenses. Bad cops will have licenses that said “Donut thief”, When you get ripped off at the car dealer for repairs, the mechanics license will have to read “Scammer”.
When the fast food employee messes up your order they have to have their licenses branded with “poisoned customers”.
The list could go on and on until everyone is on some sort of registry and have brandings on their licenses. Of course their has to be address checks.
I have said this before and will say it again, just like the signs some offenders have to / did have to place in their front yards, this is 100000% punishment. A branding for life for something that may have happened decades ago is a death sentence by vigilantes waiting to happen.
Each new obligation the officials get away with emboldens them to push the limits to what they can do to us. When will it stop?
Sadly I know a registered person
who had to go into a hospital for some issues
the hospital but see Nurse at desk b4 entering
they told everybody he was RSO and he treatment was total nightmare!!
including blood draws they would just jam that fking needle in his arm ask him if it hurt. and smiled ear to ear then he would use the call button and no one came to check on him
FTR
This happened to me after recovering from Kidney stone surgery. I had a tube in my urethra Franklin. It had to be replaced and the head nurse closed the door and said “I am going to fix you good” and started yanking on the tube.
I cannot repeat on here what I said to her but it was a threat I intended to keep if she did not leave. I pulled the emergency cord and told them what happened. NOTHING was done to her. I ended up having a 2nd surgery because of it. I contacted a lawyer and they would not even touch the case.
If true, that could constitute medical malpractice and entitle him to damages.
Link to the actual case..
https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/20-1587.html