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ID: Sex offenders say Idaho law hurts them. Judge replies: Prove it

[ – 5/30/18]

BOISE, Idaho

A federal judge has rejected a lawsuit challenging Idaho’s sex offender registration laws, but the 134 anonymous sex offenders who brought the lawsuit have the option to refile the case if they can show the current laws caused them actual harm.

That could be difficult, U.S. District Judge David Nye warned, because several common arguments have already been shot down in previous court cases.

“Common arguments in this area are that the registration requirements are embarrassing, invasive and burdensome. These challenges, however, have been unavailing as none are based on recognized fundamental rights,” Nye wrote in the ruling made earlier this month.

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  1. Anonymous

    This judge is another blind puppet of the oppressors.

    How dare this person continue to hold a judiciary office?

    I say again, where are the voices of reason?
    Where is the soul of humanity?
    What have we become as a species?

    Every day I have a harder time recognizing this world.
    We give too much hatred to our brothers.
    We give too little compassion.

    We give far too little compassion.

  2. Henry

    I don’t think the judge gave even one thought to the truth about the registry. He’s right to say that they have to “show proof the registrants were harmed”, but this law suit could have specified the actual harm it has caused to each individual. Yes, that would be 134 individual examples in this case.

    However, we have seen a problem in the 6th Circuit lately that shows the law does not want to comply with the ruling for the masses, just the ones it applied to.

    What has become of our Constitution? Rights only apply to the individual(s) who complained and won the law suit? We desperately need a win with SOCTUS and that win needs to address the issue(s) created in Smith v. Doe 2003.

  3. courage!!

    Homeless even during Emergency
    no job
    ban from freedom of speech on Facebook.
    child school
    and so on..

  4. Joe123

    “They’ll also have to show any harm they suffered outweighs the benefits that sex registration laws offer society, Nye said.”

    It’s already been shown to WORSEN society and make people less safe. The plaintiffs can just go in there armed with studies and disprove the utility of the whole registry. What is so difficult about that?

    How difficult is it to prove that a registry shouldn’t exist if it was based on False data which has upheld it to begin with??

    • AO

      The way courts seem to work, it would be easier to prove/disprove existence of God. One would think countless studies from both private and government entities, as well as direct statement of falsehood from the person who wrote the key article on recidivism so long ago upon which SCOTUS based their decision, would plenty of evidence. It’s certainly the type of evidence scientific community constantly uses for food, drugs, and everything else. But in court, evidence is always second to keeping the conviction going. Why else would so many DA’s and Judges constantly fight even a simple act of submitting evidence that would exonerate people on death row?

  5. Joe123

    The fact that they are required to register OR face criminal charges makes it a lingering hamper on their freedoms which no other free citizen needs to deal with. What is so difficult for these courts to comprehend? If the convicted are done with their punishment then they should not need to register.

  6. AO

    “While the outcome of certain regulations may negatively affect a person socially, economically or even legally, the Court must weigh any competing interests,” the judge found. “Time and time again, Courts have found that the protection of society outweighs any inconvenience or diminution in rights suffered by registrants.”

    Wait, wait, wait. Did he just say as long as something may seem like its benefiting society than it’s fine to ignore all laws and rights? So we have millions of homeless, and tens of millions of people starving in this country. So it’s fine if a mob raided local grocery stores in order to feed these people? How about during a drought when the rich maintain lush gardens for aesthetic reasons? Can we burn down their property? How about lynching the entire government body of Flint, Michigan, and raiding the local plumbing yards in order to acquire things need to fix all the pipes? Surely children not being poisoned outweighs any legality issues. After all, THINK OF THE CHILDREN!!

    • New Person

      That quote by the judge reveals subtle narcissism. Jim Crow laws was “to protect the public”. The Japanese internment camps on US soil was “to protect the public”.

  7. Counting the days

    I think we should go the opposite direction and show how the registration could damage them. A person with nothing to lose could inflict a lot of damage on the public.

    • Facts should matter

      It’s just a matter of time before someone snaps and sends a message. And you know what? It’s not going to make us look bad, on the contrary, it will start a discussion on a national level about the provocational and mental health effects that comes from one’s life being subjugated, curtailed and oppressed.

  8. Tim Moore

    You know it is like the masters saying the slaves are happy. “Listen to them singing all the time. They must be happy, but them lawyers just givin’ them bad ideas. ” Maybe the registrants should form a legal unit like a corporation. A company can show at least monetary damage to its shareholders much easier than if to an unalligned group of citizens. Apparently the robes have devalued the concept of liberty and now equate “rights” with freedom from damages. Of course we suffer both loss of freedoms and physical damages. We’ve been saying it more and more, but they hear what pleases them, they don’t hear the words we are singing or take its meaning.

  9. kind of living

    The judge is the criminal here , what is it the RC’s need to prove , is the judge trying to say that he has lived in the dark and never read a news paper where an RC has been murdered ? or assaults on their familys ? the only time these fools see or hear anything is when there is a sex crime of any kind and the Press trys that person in the papers and not in court . Whats He Or She Charged With ? Oh A Sex Crime, “Guilty” . these judges need to eat pictures of murdered and assaulted RC’s because its plain to see that these judges cant see and have selective hearing it only seems right to see how their taste buds work . Justus is blind all right selectively blind , one person thinks it would be a good thing if some RC feeling that he is at the end of his rope and was to go out and do something crazy that it would open the door to some kind of resolve , WHAT ? are you kidding me ? violent stupidity would only dig us deeper in this hole we are already living in . no the Idea is to show we are humans that are good and want a peaceful resolve as law abiding citizen’s . we did our time and now we want our life back , they have no right to keep adding more punishment after our crimes years ago . one day after no telling how many of us will die on this registry from stress related illness or just plain murdered by some nut job . not a pretty picture but it one we know all to well so why not force these judges see the picture of not just the victims , but the victims that the registry creates as well . not just the RC’s that become victims but real life things that happen all the time that could turn bad like for instants that RC that is on tilt already and was to go off on some vigilant stupid ass messing with his car or his family or his / her house and they nut up . with no real LEO help it is a disaster waiting to happen , it just seems that these things can be pointed out with out it really happening as the facts for this soup is already there just needs to be pressed ! it should be easy to show what is happening to us by case after case of murdered RC’s as well as our houses and cars being spray painted our kids bullied in school and else where . oh well that’s just my 2 cents

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