By Jesse Goodwin – Edited by Michael Shammas
Doe v. Harris, No. 13-15263, 2014 WL 6435507 (9th Cir. 2014).
The 9th Circuit Court of Appeals affirmed a district court ruling granting a preliminary injunction prohibiting enforcement of Proposition 35, the Californians Against Sexual Exploitation (“CASE”) Act. In a unanimous holding, a three-judge panel found that, although California “has long required registered sex offenders to report identifying information,” requiring that they provide written notice of “any and all Internet identifiers,” slip op. at 5–6, within 24 hours to the police likely imposed an unconstitutional burden on protected speech. In so holding, the court noted that the plaintiffs were not “prisoners, parolees, or probationers,” and enjoyed full First Amendment protections. Id. at 13–14.
According to the Electronic Frontier Foundation (“EFF”), the CASE Act’s requirements provide that all sex offenders, irrespective of the level of their offense, must notify in writing law enforcement a list of all Internet user names and Internet service providers. Plaintiffs filed suit against the CASE Act the day of its passage, representing a class of registered sex offenders who used the Internet as a platform for anonymous advocacy for sex offender rights. Slip op. at 7–8. After moving for a preliminary injunction, the official proponents of the CASE Act, Chris Kelly and Daphne Phung, intervened. Id. at 8. The district court, concluding that the Act was content neutral, applied intermediate scrutiny, and found that it was not “narrowly tailored [enough] to serve the government’s important interest in combating … human trafficking and sexual exploitation,” and produced a “chilling effect” on speech Id. at 9. (more…)