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Prop. 35 belongs in scrap heap of flawed initiatives (Editorial)

California voters could not resist the chance to condemn human trafficking and sex offenders who prowl the Internet. In 2012, they approved Proposition 35, the Californians Against Sexual Exploitation Act, with 81.3 percent of ballots cast. The vote was as predictable as it was unfortunate.

Powerful though it was politically, the initiative is a prime example of why, with rare exceptions, criminal law should not be written by initiative promoters. The 9th U.S. Circuit Court of Appeals made that clear last week by striking down the Proposition 35 requirement that registered sex offenders provide law enforcement authorities with their Internet handles and email addresses. Full Editorial

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  1. Michael

    Sic semper to laws based on ignorance and fear. (Sorry, didn’t; know how to say the last part in lain).

    I think they had similar laws against witches in Salem in 1962.
    Little difference really, as most ignorant people TODAY want to burn ANYone who has to register alive.

  2. j

    And the people that pushed ex post facto punishment clauses and violation of inherent constitutional rights, also belong in the scrap heap of flawed human beings.

    I know we are supposed to restrain ourselves but at some point, and in response to the slander and rhetoric we are subjected to daily and the huge amount of collateral damage to our children and families, I believe this comment is appropriate…

    • wonderin

      “belong in the scrap heap of flawed human beings.”
      Well said and nothing wrong with calling a spade a spade.

  3. anonymously

    Chief 1st Amendment Opponent Ociffer ( mispelling intended ) Chris Kelly, instead of meeting with all 50 Attornies General on the Facebook dime, should have instead spent that time and money treating his alcoholism. Is this guy ever photographed without a mixed drink in his hand? What message is this guy sending to the drunk drivers who kill and maim? I also wonder how many campus rapes were encouraged by and were a result of Facemash, predecessor of Facebook, where college women were objectified and demeaned?

    Just wondering aloud, since the 1st Amendment applies to all.

  4. Robert Curtis

    This Proposition although struck down it is still being used by the Orange County DA to arrest people in OC? Many people are being charged with pimping and trafficking. The odd thing is on how they creatively define such activities. Seems if Prop. 35 was struck down they wouldn’t be able to use it.

    http://orangecountyda.org/civica/press/display.asp?layout=2&Entry=4598

    • curiouser

      I believe it was only the internet identifier provision that was declared unconstitutional. Other elements were left in place.

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