| Much controversy exists regarding how persons | | | | offers in support of such limitations have no |
| become labeled a sex offender. (Rebecca Van | | | | justification in the Supreme Court's First |
| Drunen, Confederation College,"Outcast | | | | Amendment precedents."The Court further |
| Society: A Closer Look at North American | | | | stated, "The protection of our children |
| Sexual Offenders in the Twenty-First | | | | against sexual abuse and predatory pedophiles |
| Century", May 5th, 2006). Most Americans | | | | is of extraordinary importance. We do not |
| believe that the registry lists convicted | | | | question that strong federal laws are needed, |
| child molesters when in actuality, many | | | | but they must pass constitutional muster. ... |
| offenders listed on the Registries have been | | | | Congress may not 'burn the house to roast the |
| convicted of poor-behavior-choice offenses, | | | | pig.'" (Carl Jones "Porn Law Goes Too Far", |
| which involve no victim and no physical | | | | Daily Business Review, April 10, 2006). Civil |
| contact. An example of such would include | | | | rights advocates find this an important |
| online talk with an undercover police officer | | | | ruling regarding free speech but also, the |
| posing as an underage minor. Teenagers | | | | ruling serves as a signal to elected |
| involved in a consensual sexual relationship, | | | | officials that law enforcement cannot be |
| known as "Romeo and Juliet" relationships, | | | | granted carte blanche to overstep the |
| with the male or female partner considered | | | | inherent rights granted to American citizens |
| underage in the eyes of the law, are also | | | | by the U.S. Constitution.The Civil Rights of |
| listed as sex offenders on the nation's | | | | Nonoffending Family MembersAdvocates indicate |
| registries. ("Groups Propose Tier System For | | | | that the civil rights of convicted family |
| Sex Registry" Internet Broadcasting Systems | | | | members and their nonoffending family members |
| and Local6.com, May2006).Most charged persons | | | | is forever effected, long after the |
| lack adequate funding for a legal defense to | | | | punishment has ended. Internet publication of |
| fight such charges. The result is a plea | | | | sex offenders home addresses continues to be |
| bargain, which in some states, is followed by | | | | upheld by the court in the name of public |
| automatic sexual-offender registration | | | | safety, although April 2006 vigilante type |
| regardless of judical discretion, such as | | | | murders in Maine have brought new concerns to |
| decreed by Florida Statute 943.0436. This | | | | misue of the registry and to the safety of |
| means the power of a judge to impose a fair | | | | nonoffending family members. Missouri civil |
| and just sentence for first time offenders | | | | rights attorney Arthur Benson currently waits |
| has been legislatively-and quite | | | | decision from the Missouri Supreme Court |
| effectively-been removed from legal due | | | | regarding the Sex Offenders Registration Act |
| process. Registration is for life or 20 | | | | SORA Litigation, Jane Doe I, et al. v. Thomas |
| years, whatever comes first, and permeates | | | | Phillips et al. which "contends the act |
| every aspect of the registrant's life. | | | | violates substantive due process rights and |
| Advocates believe politicians have run | | | | equal protection rights because it infringes |
| unchecked with this issue, due to guaranteed | | | | on fundamental liberty rights, imposes a |
| press coverage, easy votes and the guarantee | | | | lifetime stigma, has no express purpose and, |
| of federal funding for law enforcement with | | | | even if it serves a compelling interest, is |
| the passage of one new sex offender law | | | | not narrowly tailored or rationally related |
| annually. (Sharon Wilson, "Sex Offenders: The | | | | to that interest. They assert that, if the |
| Other Side", Orlando Sentinel, 10/23/2005). | | | | act is deemed to be criminal in nature, it |
| An overhaul of the nation's registries | | | | violates the prohibition against ex post |
| through the incorporation of a tier level | | | | facto laws because it imposes an additional |
| system is advocated as a method which would | | | | punishment, thereby altering the consequences |
| allow the public to more accurately determine | | | | for a crime for which they already have been |
| the true risk of a registered offender living | | | | sentenced." (Arthur A. Benson II, Jane Doe I, |
| in their neighborhood while allowing law | | | | et al. v. Thomas Phillips et alCase No. |
| enforcement to better quality supervise those | | | | SC86573, May 2006).( New McCarthyism?Many |
| persons considered truly dangerous not only | | | | feel the blacklisting of sex offenders is |
| to children but also, to women and the | | | | reminciscent of the McCarthy era during the |
| elderly.Recent Court RulingsRecently, the | | | | nation's anti-communist hysteria. From the |
| 11th Circuit Court unanimously struck down | | | | moment in a 1950 speech when Senator Joseph |
| part of a federal law prohibiting the | | | | McCarthy waved his infamous (and |
| offering or advertising of material presented | | | | never-identified) "list of 205 communists |
| as child pornography, saying the provisions | | | | working in the State Department," the senator |
| were too broad and vague. (April 2006). The | | | | exploited the country's Cold War paranoia, |
| case U.S. v. Michael Williams 04-15128 | | | | relentlessly pursuing those he deemed |
| challenged the 1996 Child Pornography | | | | communist sympathizers.Edward R. Murrow, |
| Prevention Act, which Congress expanded the | | | | American journalist, took on McCarthy through |
| definition of child pornography again to | | | | a series of television news broadcasts which |
| include "any material or purported material | | | | eventually led to the censure of the Senator. |
| in a manner that reflects the belief, or that | | | | Murrow indicated in his famous October 15, |
| is intended to cause another to believe" that | | | | 1958, "Wires and Lights" speech, "There is a |
| the material contains illegal child | | | | great and perhaps decisive battle to be |
| pornography. The 11th Circuit Court cited | | | | fought against ignorance, intolerance and |
| that "advances in photographic and computer | | | | indifference."It is our duty to question |
| imaging made it possible to produce and | | | | authority, because without scrutiny, |
| distribute child pornography without | | | | authority remains unchecked and |
| employing actual children." Although the | | | | corrupt.Sharon Wilson is a free lance writer |
| Court "recognized that Congress has a | | | | and member of SOhopeful International. Her |
| compelling interest in protecting children | | | | personal quest is to educate the American |
| and, to that end, may regulate in interstate | | | | public of the grand scheme created by |
| commerce settings the distribution or | | | | politicans known as "The Sexual Offender". It |
| solicitation of the materials. ... However, | | | | ain't pretty! Ms. Wilson rants and raves via |
| the pandering provision goes much farther | | | | her political blog, Smashed Frog, Get |
| than that. The provision abridges the freedom | | | | Smashed! Join the online discussion regarding |
| to engage in a substantial amount of lawful | | | | the absurdities of government. |
| speech ... and the reasons the Government | | | | |