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All Sex Offenders are Child Molesters... Right?

Much controversy exists regarding how personsoffers in support of such limitations have no
become labeled a sex offender. (Rebecca Vanjustification in the Supreme Court's First
Drunen, Confederation College,"OutcastAmendment precedents."The Court further
Society: A Closer Look at North Americanstated, "The protection of our children
Sexual Offenders in the Twenty-Firstagainst sexual abuse and predatory pedophiles
Century", May 5th, 2006). Most Americansis of extraordinary importance. We do not
believe that the registry lists convictedquestion that strong federal laws are needed,
child molesters when in actuality, manybut they must pass constitutional muster. ...
offenders listed on the Registries have beenCongress 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 physicalDaily Business Review, April 10, 2006). Civil
contact. An example of such would includerights advocates find this an important
online talk with an undercover police officerruling regarding free speech but also, the
posing as an underage minor. Teenagersruling 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 consideredinherent rights granted to American citizens
underage in the eyes of the law, are alsoby the U.S. Constitution.The Civil Rights of
listed as sex offenders on the nation'sNonoffending Family MembersAdvocates indicate
registries. ("Groups Propose Tier System Forthat the civil rights of convicted family
Sex Registry" Internet Broadcasting Systemsmembers and their nonoffending family members
and Local6.com, May2006).Most charged personsis forever effected, long after the
lack adequate funding for a legal defense topunishment has ended. Internet publication of
fight such charges. The result is a pleasex offenders home addresses continues to be
bargain, which in some states, is followed byupheld by the court in the name of public
automatic sexual-offender registrationsafety, although April 2006 vigilante type
regardless of judical discretion, such asmurders in Maine have brought new concerns to
decreed by Florida Statute 943.0436. Thismisue of the registry and to the safety of
means the power of a judge to impose a fairnonoffending family members. Missouri civil
and just sentence for first time offendersrights attorney Arthur Benson currently waits
has been legislatively-and quitedecision from the Missouri Supreme Court
effectively-been removed from legal dueregarding the Sex Offenders Registration Act
process. Registration is for life or 20SORA Litigation, Jane Doe I, et al. v. Thomas
years, whatever comes first, and permeatesPhillips et al. which "contends the act
every aspect of the registrant's life.violates substantive due process rights and
Advocates believe politicians have runequal protection rights because it infringes
unchecked with this issue, due to guaranteedon fundamental liberty rights, imposes a
press coverage, easy votes and the guaranteelifetime stigma, has no express purpose and,
of federal funding for law enforcement witheven if it serves a compelling interest, is
the passage of one new sex offender lawnot narrowly tailored or rationally related
annually. (Sharon Wilson, "Sex Offenders: Theto 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 registriesviolates the prohibition against ex post
through the incorporation of a tier levelfacto laws because it imposes an additional
system is advocated as a method which wouldpunishment, thereby altering the consequences
allow the public to more accurately determinefor a crime for which they already have been
the true risk of a registered offender livingsentenced." (Arthur A. Benson II, Jane Doe I,
in their neighborhood while allowing lawet al. v. Thomas Phillips et alCase No.
enforcement to better quality supervise thoseSC86573, May 2006).( New McCarthyism?Many
persons considered truly dangerous not onlyfeel the blacklisting of sex offenders is
to children but also, to women and thereminciscent of the McCarthy era during the
elderly.Recent Court RulingsRecently, thenation's anti-communist hysteria. From the
11th Circuit Court unanimously struck downmoment in a 1950 speech when Senator Joseph
part of a federal law prohibiting theMcCarthy waved his infamous (and
offering or advertising of material presentednever-identified) "list of 205 communists
as child pornography, saying the provisionsworking in the State Department," the senator
were too broad and vague. (April 2006). Theexploited the country's Cold War paranoia,
case U.S. v. Michael Williams 04-15128relentlessly pursuing those he deemed
challenged the 1996 Child Pornographycommunist sympathizers.Edward R. Murrow,
Prevention Act, which Congress expanded theAmerican journalist, took on McCarthy through
definition of child pornography again toa series of television news broadcasts which
include "any material or purported materialeventually led to the censure of the Senator.
in a manner that reflects the belief, or thatMurrow indicated in his famous October 15,
is intended to cause another to believe" that1958, "Wires and Lights" speech, "There is a
the material contains illegal childgreat and perhaps decisive battle to be
pornography. The 11th Circuit Court citedfought against ignorance, intolerance and
that "advances in photographic and computerindifference."It is our duty to question
imaging made it possible to produce andauthority, because without scrutiny,
distribute child pornography withoutauthority remains unchecked and
employing actual children." Although thecorrupt.Sharon Wilson is a free lance writer
Court "recognized that Congress has aand member of SOhopeful International. Her
compelling interest in protecting childrenpersonal quest is to educate the American
and, to that end, may regulate in interstatepublic of the grand scheme created by
commerce settings the distribution orpoliticans 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 fartherher political blog, Smashed Frog, Get
than that. The provision abridges the freedomSmashed! Join the online discussion regarding
to engage in a substantial amount of lawfulthe absurdities of government.
speech ... and the reasons the Government



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