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Utah Can Constitutionally Require Sex Offenders to Register Internet Information

By Shari Allison

Doe v. Shurtleff, ___ F.3d ___ , 2010 WL 4188248 (10th Cir. 2010) Utah statute requiring all sex offenders living in the state to register their internet identifiers and address does not violate First or Fourth Amendments or Ex Post Facto clause. (Though the law was more expansive, the legislature amended it after the suit was filed, and included some restrictions on how the information could be used. On this basis the district court granted summary judgment to the state.)1) Although it impinges upon the plaintiff?s anonymous speech, because the law is content neutral (it is not directed at certain opinions or speech, for example) it is subject to intermediate scrutiny. There is conceded substantial government interest in protecting the public from sex crimes...continue to full post

Full post as published by Tenth Circuit Blog on October 28, 2010 (boomark / email).