First Amendment Rights Of Sex Offenders Preserved.

Under California law, sex offenders have long been required to report their address and a current photograph to law enforcement. Apparently to catch up to the 21st century, the Legislature passed a law requiring sex offenders to also report any and all internet identifiers within 24 hours of acquiring such [Californians Against Sexual Exploitation Act; Penal Code section 290.012-290.015]. A nonprofit organization representing sex offenders filed an action in federal court, contending the new law violates the First Amendment rights of sex offenders. The trial court issued an injunction, preventing the new law from being enforced because it infringes upon the free speech of sex offenders. In affirming the trial court’s order, the Ninth Circuit Court of Appeals noted: “[S]ex offenders’ fear of disclosure in and of itself chills their speech. If their identity is exposed, their speech, even on topics of public importance, could subject them to harassment, retaliation, and intimidation.” (John Doe v. Kamala D. Harris, Attorney General (Ninth Cir.; November 18, 2014) 772 F.3d 563.)