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IL: Sex offender internet law constitutional

SPRINGFIELD — The state’s highest court has upheld a law that requires sex offenders to disclose information about their internet identities and websites.

In a unanimous decision authored by Justice Charles E. Freeman, the Illinois Supreme Court held that a provision of the Sex Offender Registration Act survived First Amendment scrutiny because it bolsters the government’s interest in protecting the public without restricting more speech than necessary.

In an 18-page opinion issued this morning, the court critiqued a handful of federal district courts who have found similar statutes unconstitutional and wrote that although sex offender laws can have “a lasting and painful effect” on those they regulate, those consequences stem from the convictions rather than forced disclosure of their personal information. Full Article

Supreme Court Opinion

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Every citizen should be up in arms about this ruling. It violates basic rights of the few which in turn threatens the rights of everyone. There should not exist a registry separate from probation and parole. The nature of the registry is a form of informal probation and parole without being named such.

involuntary servitude anyone?

Exactly. This is the type of extraordinary stretch of logic crafted to save an unconstitutional scheme that will later be drawn upon as precendent to diminish the rights of all citizens – not just the pariahs that no one cares about. Come on – a failure to register violation for not reporting a change made to a facebook page? That’s okay in america? Those judges are cowards and fools.

I think its time for Justice Charles E. Freeman to have his emails hacked and see how he likes it to have his email’s exposed/internet identifiers !!! Wiki Leaks where are you ????

Lions and tigers and bears, oh my, lol. You know, I kinda agree with trump, the idea of America is over. This decision is only one reflection of it. The court claimed it did not rise to the level of strict scrutiny claiming it did not involve the content of his speech. That’s just legal nonsense, it requires him by force to tell the government all terms and words related to the CONTENT of his image, ideas, and identification. Moreover, they will use it to monitor the CONTENT of his speech for criminal activity and solely for using the internet.… Read more »

Knowing Illinois, in my opinion, people were paid off to get a ruling like this. That state is a mess. Look at Chicago! It has the annual death toll of Baghdad, and it’s getting worse. Yet they have money to prosecute a guy for making a post on Facebook?!?!?! Are you effing kidding me????? Was Judge Freeman actually able to keep a straight face as he wrote the freeze-dried bullcrap in that decision? “The way they phrased that to me seems to leave the door open to further development of that issue on remand,” Kimmel said. “So to me that… Read more »

It is Springfield, IL, the capital of the state where crooked politics, including those in the legal system, are known to be worse than most everywhere in the USA. Hastert, Rostenkowski, Daley, et al lead the way over the history of the state. Taking on the other courts in their decision and chastising them for their lacking clear thinking is audacious and arrogant to say the least. President Lincoln should be rolling over in his grave about now on this decision. This being part of the public registry is not required nor is having a registry required once the time… Read more »

They need to build a Federal Prison for all crooked Illinois politicians. They can name it the Rod Blagojevich Federal Corrections Center. Then former Governor Blagojevich can finish doing his time with the rest of the dirt bags who have served in the past and who are currently running, uh, I mean, ruining Illinois. Topping the list of inmates should be Rahm Emanuel and our soon-to-be former president. Lock ’em all up!!! Scum of the earth!!!

Fingers cross they appeal to SCOTUS who corrects the mistake they made in smith v doe

It’s a pretty lame opinion that takes the Smith v. Doe track of frightening and high recidivism. While the opinion does do a head nod to the disagreement as to the utility of such laws, they punt back to the legislative branch, stating that they are in a better position to be able to determine the best course of action with complex problems. Where does that leave a hugely unpopular group of people? Whom can they petition for redress, if the courts blithely accept, at face value, the assertions of the legislature no matter how ridiculous they become? The judiciary… Read more »

It’s losses like this that are setting up an ability to take down the entire scheme by claiming a violation of the “bill of attainder” part of the constitution. I’m not sure who will file that challenge though, or if it can be added to a list of constitutional violations in any case challenging sex offender laws.

If the law has been around that long, then to prove it isn’t serving a legitimate purpose all one has to do is ask how law enforcement has used that information to protect the public over the years. They obviously don’t do anything with it but log it or file it. It’s just another law to burden sex offenders for no reason, because when someone actually uses the internet to do something illegal, they aren’t going to report it anyway! What is the expectation of the benefit of the law? Oh, yes, we went though this sex offenders list of… Read more »

Yeah you got it, if the evidence to try one for a real crime is murky, they can throw one in jail by default for failing to disclose some identifier that may not have anything to do with the charge. This is one of those “tools” that prosecuters like to have, a code word for a law that allows them to circumvent due process and throw you in jail solely for who you are.

I’m not shocked by the ruling, my only thoughts would be how to throw it back in their faces.

We should start are own social Media site and then ban all members of the Government from Entry in the terms of service, then we can File a civil suit if any cops enter it for any reason.

I live in Michigan,but if i were you guys i would ask your ACLU to get involved,our ACLU did,and it was ruled that it violates the first amendment,and also The 6th circuit has ruled that Michigan’s expos facto and other stipulations violate Michigan’s Constitution,and The United States Constitution. I would start looking in to this matter ASAP,if i were you guys.

Looks like he copied the Tenth Circuits decision in Doe v. Shurtleff. I say appeal. Every Court since Shurtleff has ruled it unconstitutional.

They wonder why so many RSO’s risk being caught for failing to register…. The BS just keeps getting deeper. This is total BS. I know a legal team cost money and many of us are living paycheck to paycheck but with 800,000 RSO’s if we all pitched in $5.00 each I am sure we could come up with a hell of a lot of money to hire a hell of a legal team to fight this shit once and for all.. Most all of these LAWS are a violation of the Bill of Attainder, IML, and AWA, SORA, Are all… Read more »

“They wonder why so many RSO’s risk being caught for failing to register” Human beings can only take so much kicking while they’re down. I see an eventual tipping point if things like this continue. You will see RCs increasingly decide that they’d rather take their chances. I will say this much: I decided a long time ago that a lifetime of registration is simply not an option for me. All legal avenues will be exhausted first (i.e. moving to a tiered state, which was the first step I’ve taken toward that end). But if the noose keeps tightening, I… Read more »

Yea, that’s just another cause of action, and I’m sure it’s been tried. The fact is, under the constitution the registries are illegal in every way possible. You can look at all of the relevant amendments and it strips you of all of their protections. You have to accept this, we are being illegally discriminated against by nearly the entire society. For some unknown reason they have allowed a few people to render all of our civil rights void under a practically impossible theory to support, public safety. Most people would acknowledge the laws are illegal and discriminatory. But they… Read more »

Amazing how easily the court dismissed what other courts have done regarding registration, including the Sixth Circuit and Ninth Circuit. I just pulled up Doe v. Harris where the Ninth Circuit ruled the California requirement to give email and Internet ID unconstitutional. Strong ruling in just the opposite direction. Too bad IL is not in the Sixth Circuit. Hope they appeal to the U.S. Supreme Court. After reading the registration requirements in IL, I will never go there. They consider anyone who moves into the state with a requirement to registers elsewhere a sexual Predator, having to register for life.… Read more »

It’s time to park our asses on Pennsylvania ave in Washington, d.c. for a month.

This frightening and high belief is nothing but a myth. They might as well require all who do not believe in Santa Claus to give up there identifiers. What else would you call believing what is not there and not requiring proof? The government is establishing a religion and this court is upholding it.

Yea, I raised that issue too, and the being a walking billboard for the state under the 1st amendment freedom of speech argument, but it went down the tubes when my appeal was dismissed. They have established a religion, one that implies all sex offenders are evil, unable to control themselves, unable to be reintegrated, unable to be given a presumption of innocence, etc., While all others can. It’s a sorry excuse for a nation, when fear is promoted by the government against its own citizens. That should demonstrate the laws are unconstitutional in and of itself. Like I said,… Read more »

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