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