Source: clickorlando.com 1/10/25
TALLAHASSEE, Fla. – A divided appeals court Friday ruled that a state requirement for convicted sexual predators to have the words “SEXUAL PREDATOR” on their driver’s licenses violates First Amendment rights.
The 2-1 decision by a panel of Florida’s 5th District Court of Appeal said the required designation is compelled speech that is not narrowly tailored to meet the state’s goals of informing the public about the presence of sexual predators.
The ruling, which came in a Sumter County case, would not affect Florida’s system of publishing information online about sexual predators, such as where they live. Also, it would not affect a designation placed on the driver’s licenses of convicted sexual offenders, whose crimes differ from sexual predators. Sexual offenders’ licenses include the number of a sexual offender statute — not the label “sexual offender.”
Judge Scott Makar, in a 16-page majority opinion joined by Judge F. Rand Wallis, cited rulings that rejected Louisiana and Alabama laws similar to the Florida sexual predator requirement. Makar wrote that Florida’s systems of publishing information online and providing notifications to the public about the presence of sexual predators “meet constitutional standards by disseminating information broadly without compelling speech by individual registrants.”
“The question, however, is whether — given the robust registration and notification systems in place for use by the general public and law enforcement — the state has proven it has no less intrusive means and must necessarily use the ‘SEXUAL PREDATOR’ designation on driver licenses rather than use a code or statute number as it does for sexual offenders,” the majority opinion said. “Existing precedent, though limited, holds that the use of a code or number is constitutional under compelled speech analysis because they provide information to persons with a need to know it; it is narrowly tailored in that sense. Persons needing to screen for sexual predators can ask to see a driver’s license and determine if it has the code/number. … In other words, compelled use of the ‘SEXUAL PREDATOR’ designation to the world at large is overbroad if a more narrow and functional means of communication is available.”
Why do they feel the need to put ANYTHING on our licenses at all? If you label us in ANY manner, then you think we’re subhuman. Screw Floriduh. I’d never want to live there.
I believe that it is important to note that the ruling was stayed pending possible Florida supreme court review. The article’s penultimate and last sentences state,
“Describing the issue as “one of great public importance,” the majority opinion took a step known as certifying the case to the Florida Supreme Court for possible consideration. Also, it placed a stay on Friday’s decision to allow for a Supreme Court review.”
So we wait, I guess.
Thank goodness for small blessings and a few sound minds. Registration is punishment for anyone slightly connected to the registrant.
Almost a positive ruling. Their reasoning is like like typing “pron” instead of “porn” to get around a social media platform rules. We all know what it is. It’s like here referring to people on the registry as “290’s”.
Soooooo…numbers isn’t compelled speech, but words are. Why not just tattoo the numbers on us or sew a patch on our clothing?
Do ALL drivers licenses have numbers on the back in the same spot or just a registrants? Because if it’s only registrants, then it doesn’t matter whether it’s words or numbers. Everybody knows.
<sighs sadly>
Dare I say that the dissenting appellate individual is a legal predator looking to prey on fear towards those who live in fear while opining to scare the masses when it’s not required and baseless..
I recently found out Tennessee puts some kind of symbol on the drivers license. Also found out a police officer that was in charge of compliance was not putting the changes he was given by the people he was supervising .People calling in to update the registry because they bought a new car, changed jobs etc technical violations but violations that got people arrested. This officer has been fired but not before damaging the lives of how many people ? I only know this because I know someone who was arrested, and is still going to court facing a couple more years locked up for following all the rules! East TN if you know you are not guilty your probably in this area and had him for your compliance officer.
Did they make an exception for Matt Geatz? 😎
You would expect that anyone dangerous enough to have to carry a label around stating such should not be free to begin with. Their behavior will ultimately weed them out of society. Given that sexual reoffense rates are very low, there is no need for this in virtually any case.
All this does is pattern our country after one from history that had to be systematically destroyed in a world war. Why would we fail to learn from history by treating anyone in this way? God will judge the way we treat others, and the more we demonize people, the quicker it will come.