By Darren Smith, Weekend Contributor
Plaintiffs representing unnamed registered sex offenders and sponsors of the non-profit California Reform Sex Offender Laws won a victory in their quest to declare unconstitutional the Californians Against Sexual Exploitation Act on free speech grounds.
The act, among other matters, requires registered sex offenders to within twenty four hours submit the “internet identities” and Internet Service Providers (ISPs) they use to engage in conversation and participation in the experience of the Internet, amending California Penal Code § 290.015(a)(4)–(5).
The court upheld a district court judgment granting an injunction against the State of California enforcing the statute which was filed by plaintiffs the day the law was effective.
The Ninth Circuit cited curtailment to free speech rights after the offenders were released from prison who were then afforded the full protection of the first amendment and that such provisions of the law would amount to a chilling effect of the free speech rights of this class of individuals.
Continue reading “Ninth Circuit Upholds Preliminary Injunction Against Enforcement of California’s CASE Act As Curtailing Free Speech Of Registered Sex Offenders” →