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