BLOOMINGTON — A requirement that Illinois sex offenders report all Internet sites they use to police is unconstitutional because it violates the offenders’ free speech rights, according to a ruling by a McLean County judge.
Judge Robert Freitag agreed with arguments from the defense lawyer for _____ ____, 22, of Normal, that state law is overly broad in its mandate that all email addresses and sites a sex offender uses or plans to use, including Facebook, must be registered with police. Full Article
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This is really good timing. With the hearing on Senate Bill 448 coming up this week, I hope this will bolster our argument.
Oh yes, State of Illinois prosecutors, by all means do appeal this to a higher court! And, with luck, the higher court will also find such requirements to be unconstitutional. If there are enough contradictory court rulings, this issue will eventually make it to SCOTUS.
Excellent …Excellent ..!!!!….Judge Robert Freitag every person’s rights to speak write and express with freedom to all.
The Constitution Works with Judge Freitag…..thank You for protecting and supporting the Constitution ….Its What We Do…!
Congratulationsto Attorney Stephanie Wong for successfully litigating this case. She did make this one statement that is interesting:
Unless I’m wrong, didn’t the Doe vs. Harris decision address this issue within the concurrence given by the justices in the 9th Circuit? I would be reasonably sure that Wong would have the Doe case details, but it sounds as if CA RSOL should initiate contact with Wong to ensure she has every credible tool to fight this at the Illinois Supreme Court level if it accepts the DA’s appeal.