The Alliance for Constitutional Sex Offense Laws (ACSOL) today filed a complaint regarding the new SORNA regulations with the Inspector General of the U.S. Department of Justice. According to that complaint, the regulations are unlawful for several reasons.
First, the regulations are not based on empirical evidence which demonstrate that most individuals required to register no longer pose a current risk to society. This evidence includes studies conduct by and reports issued by both government and academic sources. Second, the regulations create an unfunded mandate upon both state and local governments such as multiple registrations each year for some individuals. Third, the regulations violate the federal commerce clause because they exceed the federal government’s jurisdiction regarding individuals.
Fourth, the regulations violate the First Amendment because they limit individuals’ right to free speech by requiring the disclosure of remote communication identifiers. This restriction has a chilling effect upon free speech. Fifth, the regulations fail to provide adequate due process to individuals in violation of the Fifth Amendment. Finally, the regulations are vague and ambiguous which make it difficult if not impossible to comply with.
“The Inspector General is responsible for taking action in cases involving fraud, waste or abuse,” stated ACSOL Executive Director Janice Bellucci. “The new SORNA regulations will result in the waste of millions of taxpayer dollars at every level of government — federal, state and local.”
ACSOL’s complaint filed today was sent online and additional supporting documents will be sent overnight to the Inspector General later today. The documents will include a list of government and academic studies and reports that reflect sex offender registries are ineffective and that most individuals required to register do not pose a current danger.