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Q4: 11/18 by phone [details]

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The Unjust, Irrational, and Unconstitutional Consequences of Pedophilia Panic

“Sounds like you enjoy sex with kids,” a reader tweeted at me after seeing a blog post I wrote about former Subway pitchman Jared Fogle. It was 2015, and Fogle had just signed a plea agreement in which he admitted to looking at child pornography and having sex with two 16-year-old prostitutes. “You also look like [a] pervert,” the reader added.

That’s the sort of response you can expect if you write about the broad category known as “sex offenders” and suggest that not all of them are the same or that some of them are punished too severely. In this case, I had noted that the decision to prosecute Fogle under federal law, which had been justified by factors that had little or nothing to do with the gravity of his offenses, had a dramatic impact on the penalty he was likely to receive. Full Article

Join the discussion

  1. KM

    The truth is there will always be those who take things to an extreme. It is prevalent on almost EVERY topic. The problem sex offenders have is there is no rational voice in the mix to sort of ground the extremes. The intelligent, cordial sex offender usually isn’t willing to draw attention to himself out of shame and no one else who hasn’t been branding is willing to raise their voice either.

    To me, the modern day sex offender is the perfect example of a minority in need of help from the tyranny of the majority. Yet, the courts have turned a blind eye.

  2. Chris F

    “Stigmatizing these people as a threat to children everywhere for the rest of their lives may seem irrational, but that does not mean it fails the rational basis test. “Under rational basis review,” Hamilton explained, “a law ‘may be overinclusive, underinclusive, illogical, and unscientific and yet pass constitutional muster.'”

    Well, it doesn’t pass constitutional muster when the constitution includes “No Bill of Attainder may be passed”.

    Those who don’t know the basics of a Bill of Attainder can see it on wikipedia.

    • Son of Liberty Child of Freedom

      Chris F , I concur with your observation.

      The sex offender list are in Form & Function a classic Bill of Attainder, which is forbidden by the Constitution: The state cannot single out citizens for Harsher Punishment or Treatment because they are on any list. I hold to the Reality that the list Violate Equal Protection and Equal Privileges Protections in the Federal and State Constitutions—the government can’t teat people differently, under the law.

      Furthermore, the fact that the list is by De Facto Perpetual Punishment when we take into Account the Evil (Want Invoking) that the IML law will produce, and there is no Effective Way or Path for a person to challenge one’s status on the Offender & IML lists, would seem to violate constitutional due-process protections.

      In addition focus can not be denied in viewing the violation of Ex Post Fact protections.

  3. T

    In the words of Edmund Burke ” The only thing necessary for triumph of evil, is for good to do nothing”

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