Tuesday, March 26, 2019

'Sex Offenders Are Not Second-Class Citizens,' Says Judge While Nixing Alabama Rules on First Amendment Grounds - Hit & Run : Reason.com

'Sex Offenders Are Not Second-Class Citizens,' Says Judge While Nixing Alabama Rules on First Amendment Grounds - Hit & Run : Reason.com: "Sex offenders are not second-class citizens," writes U.S. District Judge W. Keith Watkins in a recent decision overturning two provisions of the Alabama Sex Offender Registration and Community Notification Act (ASORCNA) on First Amendment grounds. "The Constitution protects their liberty and dignity just as it protects everyone else's."

Those points, which should be obvious, are a sadly necessary corrective to the hysteria that has driven legislators in one state after another to enact indiscriminate, mindlessly restrictive, and covertly punitive laws aimed at sex offenders. ASORCNA, which Watkins calls "the most comprehensive and debilitating sex-offender scheme in the nation," is a prime example.

The lead plaintiff in this case, dubbed John Doe 1, pleaded guilty to two misdemeanor charges of indecent exposure in the early 1990s, when he was living in Wisconsin. He received a six-month suspended sentence for each charge and was not required to register as a sex offender, even after moving to Alabama in 1994. But 14 years later, Alabama expanded its registry, forcing Doe to comply with ASORCNA's numerous demands and restrictions under threat of imprisonment. Among other things,

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