When Legislators Fail to Protect the Public and Courts Fail to Protect the Constitution.
Ineffective and counterproductive sex offender laws have swept across the nation. From the national registry to local residency restrictions, lawmakers have failed to heed the words of experts in the field of sex offender issues. Instead they took a hard line approach that was popular with an uninformed public. In doing so they have not only failed the country but they have also stretched the fabric of the constitution far beyond the point of easy return.
At the same time the courts have given a series of nods to laws that, if they were not aimed at sex offenders, would have been cast aside as ridiculous. These laws have included ex-post-facto elements (additional punishment after the fact), and they also fail the equal protection aspect of the constitution. Another concern has been the First Amendment. Some courts have found that sex offenders no longer have the same rights to First Amendment protection, while other courts have ruled that the requirement of a sex offender to turn over his internet identifiers does not fall under the First Amendment