Lawyers for sex offenders confined indefinitely to Minnesota’s secure treatment program have asked a judge to stay all further proceedings while they ask the U.S. Supreme Court to review an appeals court finding that the program is constitutional. Full Article
Read MoreTag: SCOTUS
Briefing the Supreme Court: Promoting Science or Myth?
The United States Supreme Court is considering Packingham v. North Carolina, a case testing the constitutionality of a ban on the use of social networking sites by registered sex offenders. An issue that has arisen in the case is the state’s justification for the ban. North Carolina and thirteen other states represented in a friend of the court brief make three claims concerning the risk of registered sex offenders: (1) sex offenders have a notoriously high rate of sexual recidivism; (2) sex offenders are typically crossover offenders in having both…
Read MoreSCOTUS asks US Solicitor General to weigh in on Ex Post Facto case
News from the U.S. Supreme Court – the court has NOT decided whether it will review Doe v. Snyder, last summer’s ground-breaking decision by the 6th Circuit Court of Appeals The U.S. Supreme Court has been asked to review an important ruling (Doe v. Snyder) which was handed down last summer by a federal appeals court, the U.S. 6th Circuit Court of Appeals. The request was discussed in a private conference last Friday and today we learned the result – the Supreme Court has made NO decision on the request…
Read MoreMI: SCOTUS to consider Snyder v. Doe for review
Today, in a private session, the U.S. Supreme Court will be discussing an important case concerning the sex offense registry. News may come as soon as Monday, March 27th. The State of Michigan has asked the court to review a ground-breaking ruling by a lower federal court, the U.S. Sixth Circuit Court of Appeals. The Supreme Court is set to discuss the request for review today; review is granted in very few cases. If they turn down the request – the 6th Circuit ruling remains intact and directly impacts the…
Read MoreThe big lie about sex offenders
Much of the destructive, extra-punishment punishment we inflict on sex offenders is due to the widely held belief that they’re more likely to re-offend than the perpetrators of other classes of crimes. This has been the main justification for the Supreme Court’s authorization of sex-offender registries and for holding sex offenders indefinitely after they’ve served their sentences. Lower courts have then cited those rulings to justify a host of other measures, from severe restrictions on where sex offenders can live to GPS monitoring of their every move. Full Article
Read MoreThe Lingering Impact of Justice Kennedy’s Trumpesque Claim About Sex Offenders
Last week Robert Montgomery, a senior deputy attorney general at the North Carolina Department of Justice, seemed to have little success convincing the Supreme Court that his state’s law banning sex offenders from social media is consistent with the First Amendment. But at least one statement Montgomery made in defense of the law went unchallenged, even though it has no empirical basis. “This Court has recognized that [sex offenders] have a high rate of recidivism and are very likely to do this again,” he said. “Even as late as 20 years from when…
Read MoreThe Supreme Court’s Sex-Offender Jurisprudence Is Based on a Lie
The Supreme Court believes most sex offenders will keep committing sex crimes. The data suggests otherwise. Full Article
Read MoreHow the Supreme Court Spread a False Statistic About Sex Offenders
When a false idea gains traction, spreading far and wide, it’s always interesting to try to trace it back to its source to figure out what caused it to catch on in the first place. The New York Times has an NY Times: Dubious Data Belies Supreme Court’s Stance on Repeat Sex Offenders, and it pertains to a common myth about sex offenders: that they have extremely high recidivism rates relative to other types of criminals. Full Article Related NY Times: Dubious Data Belies Supreme Court’s Stance on Repeat Sex…
Read MoreDubious Data Belies Supreme Court’s Stance on Repeat Sex Offenders
Last week at the Supreme Court, a lawyer made what seemed like an unremarkable point about registered sex offenders. “This court has recognized that they have a high rate of recidivism and are very likely to do this again,” said the lawyer, Robert C. Montgomery, who was defending a North Carolina statute that bars sex offenders from using Facebook, Twitter and other social media services. The Supreme Court has indeed said the risk that sex offenders will commit new crimes is “frightening and high.” That phrase, in a 2003 decision upholding Alaska’s sex offender registration law, has…
Read MoreNC: She was portrayed as soft on sex offenders. Now the U.S. Supreme Court is likely to back her up
Robin Hudson could have gotten smeared for siding with sex offender Lester Packingham. Instead, the U.S. Supreme Court appears poised to vindicate her – and remind us all of the dangers of a politicized judiciary. Hudson, an N.C. Supreme Court justice, was in fact smeared when she dissented in a separate case in 2010 involving child molesters. In her 2014 re-election bid, Hudson faced a half-million dollars worth of TV attack ads from special interests that twisted that dissent and portrayed her as soft on sex offenders. Full Article
Read MoreSCOTUS: Argument analysis – Justices skeptical about social media restrictions for sex offenders
At today’s oral argument in Packingham v. North Carolina, a challenge to a state law that imposes criminal penalties on registered sex offenders who visit social networking sites, Justice Elena Kagan suggested that social media sites like Facebook and Twitter were “incredibly important parts” of the country’s political and religious culture. People do not merely rely those sites to obtain virtually all of their information, she emphasized, but even “structure their civil community life” around them. Justice Ruth Bader Ginsburg echoed those sentiments, telling the North Carolina official defending the…
Read MoreSCOTUS: Court may strike law barring sex offenders from social media
WASHINGTON — The Supreme Court appeared likely Monday to strike down a North Carolina law that prohibits sex offenders from using Facebook and other social networking sites. At least five justices suggested during argument that they would rule for North Carolina resident Lester Packingham Jr. He was convicted of violating a 2008 law aimed at keeping sex offenders off internet sites children might use. Packingham used Facebook to boast about beating a traffic ticket. The state’s lawyer said the law deals with the virtual world in the same way that…
Read MoreSCOTUS: Court to consider social media access for sex offenders [updated with media links]
In April 2010, Lester Packingham’s traffic ticket was dismissed, prompting him to take to Facebook to celebrate. He posted that “God is Good! How about I got so much favor they dismissed the ticket before court even started? No fine, no court costs, no nothing spent . . . Praise be to GOD, WOW! Thanks JESUS!” … Based on his Facebook post, Packingham was charged with violating a North Carolina law that makes it a crime for a registered sex offender to “access” a “commercial social networking Web site” when he…
Read MoreSCOTUS: Removal of an immigrant for “sexual abuse of a minor”
The facts of the case sound like an episode of “Law and Order SVU.” In 2000, Juan Esquivel-Quintana’s parents lawfully brought him to the United States and settled in Sacramento, California. When he was 20 years old, Esquivel-Quintana had consensual sex with his 16-year-old girlfriend. He later pleaded no contest to violating California Penal Code § 261.5(c), which criminalizes sex with a person “under the age of 18 years” when the age difference between the parties is more than three years. Esquivel-Quintana was sentenced to 90 days in jail and…
Read MoreThe Man Arrested for Praising Jesus
Lester Packingham’s Facebook post is headed for the Supreme Court… Lester Gerard Packingham was having a really good day back on April 27, 2010. The North Carolina man had just learned that a traffic ticket against him had been dismissed, so he logged onto his Facebook account and gleefully told the world: “Man God is Good! How about I got so much favor they dismissed the ticket before court even started? No fine, no court costs, no nothing spent… Praise be to GOD, WOW! Thanks Jesus.” Full Article Packingham v.…
Read MorePackingham v. North Carolina – Oral Argument February 27
Issue: Whether, under the court’s First Amendment precedents, a law that makes it a felony for any person on the state’s registry of former sex offenders to “access” a wide array of websites – including Facebook, YouTube, and nytimes.com – that enable communication, expression, and the exchange of information among their users, if the site is “know[n]” to allow minors to have accounts, is permissible, both on its face and as applied to petitioner, who was convicted based on a Facebook post in which he celebrated dismissal of a traffic…
Read MoreEFF to Supreme Court: Strike Social Media Ban for Sex Offenders
Yesterday, EFF and its allies Public Knowledge and the Center for Democracy & Technology filed an amicus brief asking the U.S. Supreme Court to strike down under the First Amendment a North Carolina law that bans “registered sex offenders” (RSOs) from using all Internet social media. This law sweeps far too broadly. Social media are one of the most important communication channels ever created. People banned from social media are greatly handicapped in their ability to participate in the political, religious, and economic life of our nation. Full Article
Read MoreMI: Justice denies Michigan’s appeal to halt sex offender ruling
A U.S. Supreme Court justice has rejected Michigan’s request to halt a lower court decision that found the state unconstitutionally put additional restrictions on sex offenders long after their convictions. Justice Elena Kagan denied Tuesday the emergency appeal for a stay. In August, the 6th U.S. Circuit Court of Appeals said changes to Michigan law in 2006 and 2011, which included retroactively restricting sex offenders’ movements near schools, penalize offenders as “moral lepers.” The appeals court denied Michigan Attorney General Bill Schuette’s request to block the decision during appeal. So…
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