2-2-2009 Georgia:
Today a few sites are claiming "FIRST OPEN CIVIL DISOBEDIENCE BY S.O.," and citing a Georgia court case which is in progress today.
Civil disobedience is a refusal to follow some law, going to court to seek an injunction against the state enforcing a law, is not civil disobedience, nor is this the first case of a former sex offender going to court seeking an injunction against a sex offender law.
Black's law (6th Ed): "Civil disobedience: A form of lawbreaking employed to demonstrate the injustice or unfairness of a particular law and indulged in deliberately to focus attention on the allegedly undesirable law."
Note: Since the gentleman (a Georgia RSO) is seeking to proceed in court anonymously (John Doe status) and at this point does not have a lawyer, the court giving him time to find one (and the court indicating it may appoint one if the gentleman cannot find one), I will not mention his name nor give links to my sources. With that said,
The facts in essence: Georgia enacted a law requiring all of its RSOs to turn over certain information to the state as part of its registration scheme (namely passwords to all online e-mail accounts, and other things).
Following enactment of that law a Georgia RSO (The gentleman mentioned above) has gone to federal court seeking an injunction to stop the state from enforcing that law against him on his next birthday (apparently that is when the state requires him to update his registration information including anything new required by the state, hence the passwords and e-mmail addresses).
Because he presented a minimal but compelling argument and supported same with equally compelling facts, apparently the court issued a temporary injunction without objection from the state's attorney.
Next, is this the first RSO who has gone to court seeking a declaration that this type of collateral registration law is unconstitutional, NO he is not the first.
There are other similar cases (which should be presented) in different states:
Passwords
Registered Sex Offenders Must Comply with New Internet Rules
Ga. sex offenders must hand over online passwords
In each of those links are other links to the current and past court cases on this and similar issues in a few states.
Good Luck, Georgia RSO,
eAdvocate (PLEASE PASS THIS ON TO THIS GENTLEMAN, anyone)
..News Source Withheld (see above for reason)..
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