International Meagan’s Law Damages a Person’s Reputation.

International Meagan’s Law  makes passports for registered citizens only valid for 1 year (instead of 10). in violation of the 14th amendment equal protection clause. The law requires registered citizens to report all their travel itinerary directly to the department responsible 21 days prior to international travel. Failure to do so is cause for prosecution the same as “failure to register.” This law will apply to all registered citizens, regardless of whether their state requires them to submit travel information or not. Every time a registered citizen attempts to travel, an INTERPOL alert will be put on the passport, warning the receiving country that the registered citizen is likely there to commit a new crime. This alert has nothing to do with risk factors.In most cases Immigrations of the foreign country will meet you at the airplane and send you back home. The length of time that this law will apply to each registered citizens will be governed by the SORNA tiers, not by State Law. Thus, if a citizen’s duty to register would have expired after 10 years or 15 years, this time can be extended under International Megan’s Law to match whatever the SORNA tiers. For most registrants this will mean 25 years or life. this means that if you are in a state where your duty to register was only 10 years and you are no longer on the registry in your state, you would still be required by federal law to notify the government if traveling outside the United States.

A special note here: anyone who is been affected by the international Megan’s law in a negative way may find relief by filing a USC 1983 civil rights tort against the government for financial damages. There are a number of ways that this could proceed first would be a violation of the 14th amendment equal protection and due process, but another way is the fact that a person’s reputation and standing in the community. is in fact a protected liberty interest and by the government inferring that a person is dangerous they have damaged that person’s reputation.

When the United States government damages a person’s reputation by implying without any specific proof about that singular person that they are dangerous simply because they are members of a group that the legislative branch of government has chosen to disfranchised. Then it is time for the courts to step in and make the government prove on each and every occasion that each individual of that group, Under all circumstances is in fact, dangerous!. Without that proof of future dangerousness, which can not be proven, then you can say that a person’s reputation and standing in the international community have been damaged. and that the government is in fact, responsible and should be held accountable for that damage.

A person’s reputation and standing in the community are a protected liberty interest as described by United States Supreme Court rulings as laid out in the Hawaii Supreme Court decision in State of Hawaii v Bani. Below is an excerpt from the Hawaii Supreme Court decision.

The United States Supreme Court has previously recognized that a person’s reputation is a protected liberty interest under the federal due process clause. Wisconsin v. Constantineau, 400 U.S. 433 (1971) (hereafter “Constantineau”); Board of Regents v. Roth, 408 U.S. 564 (1972) (hereafter “Roth”).

In Constantineau, the State of Wisconsin authorized the posting of a notice prohibiting the sale or gift of liquor to any person who “‘by excessive drinking’ produces described conditions or exhibits specified traits, such as exposing himself or family ‘to want’ or becoming ‘dangerous to the peace’ of the community.” On appeal, the Constantineau Court recognized that “[i]t would be naive not to recognize that such ‘posting’ or characterization of an individual will expose him to public embarrassment and ridicule.” 400 U.S. at 436. The Court therefore held that a protectible liberty interest is implicated “[w]here a person’s good name, reputation, honor, or integrity is at stake because of what the government is doing to him [or her.]” Id. at 437.

One year later, the Court again recognized a person’s liberty interest may be implicated by damage to his or her reputation. See Roth, 408 U.S. at 573. The plaintiff in Roth, a university professor, alleged that “the failure of University officials to give him notice of any reason for non-retention and an opportunity for a hearing violated his right to procedural due process of law.” Id. at 569. The Roth Court reasoned that in declining to hire the plaintiff, the state had neither advanced “any charge against him that might seriously damage his standing and associations in the community” nor “imposed on him a stigma or other disability that foreclosed his freedom to take advantage of other employment opportunities.” Id. at 573. The Roth Court noted, however, that “a different case” would have been presented had the state either damaged the plaintiff’s reputation or imposed a stigma on him. Id. at 573-74.

However, in Paul v. Davis, 424 U.S. 693, reh’g denied, 425 U.S. 985 (1976), the Court clarified that “reputation alone, apart from some more tangible interests such as employment, is [n]either ‘liberty’ [n]or ‘property’ by itself sufficient to invoke the procedural protection of the Due Process Clause.” Id. at 701. The plaintiff in Paul alleged a deprivation of liberty without due process of law after the circulation of flyers publicizing his conviction for shoplifting and labeling him an “active shoplifter.” Id. at 712. According to the Paul Court, because the plaintiff’s harm was not accompanied by the alteration of “a right or status previously recognized by state law,” there was no deprivation of a protectible liberty interest. Id. at 711-12.

Paul has been interpreted to require “stigma plus” in order to establish a constitutional deprivation. See, e.g., Valmonte v. Bane, 18 F.3d 992, 999 (2d Cir. 1994). In other words, “an allegation that government dissemination of information or government defamation has caused damage to reputation, even with all the attendant emotional anguish and social stigma, does not in itself state a cause of action for violation of a constitutional right, infringement of more ‘tangible interests’ must be alleged as well”.
Borucki v. Ryan, 827 F.2d 836, 842-43 (1st Cir. 1987); see also Marshall v. University of Hawaii, 9 Haw. App. 21, 32, 821 P.2d 937, 948 (1991).

For the reasons discussed below, we conclude that Bani has shown substantial injury to both his reputation and other “tangible interests.” This case does not therefore require us to determine whether a person’s reputation alone constitutes a protected liberty interest under the Hawaii Constitution. Suffice it to say that Bani has established that the public notification provisions of HRS chapter 846E implicate a liberty interest protected by the due process clause of the Hawaii Constitution.

First; Bani has demonstrated that the public notification provisions of HRS chapter 846E will likely cause harm to his reputation. The statute effectively brands Bani a “sex offender”, i.e., a public danger, for life. See Doe v. Pataki, 3 F. Supp. 2d 456, 467 (S.D.N.Y. 1998) [here  in after Pataki III]; Doe v. Attorney General, 686 N.E.2d 1007, 1013 (Mass. 1997) [hereinafter Doe II];see also Bohn v. County of Dakota, 772 F.2d 1433, 1436 n.4 (8th Cir. 1985), cert. denied, 475 U.S. 1014 (1986).

Specifically, HRS chapter 846E’s public notification provisions imply that Bani is potentially dangerous, thereby undermining his reputation and standing in the community. Doe v. Poritz, 662 A.2d 367, 419 (N.J. 1995); cf. Neal v. Shimoda, 131 F.3d 818, 829 (9th Cir. 1997) (noting that “[o]ne need only look to the increasingly popular ‘Megan’s laws’, whereby states require sex offenders to register with law enforcement officials, who are then authorized to release information about the sex offender to the public, to comprehend the stigmatizing consequences of being labeled a sex offender”). Indeed, public notification that Bani is a convicted sex offender implicitly announces that, in the eyes of the State, Bani presents a risk of committing another sex offense. Doe II, 686 N.E.2d at 144.

Second; Bani will foreseeably suffer serious harm to other “tangible interests” as a result of registration as a sex offender. Potential employers and landlords will thus foreseeably be reluctant to employ or rent to Bani once they learn of his status as a “sex offender”. See Pataki III, 3 F. Supp. 2d at 468; W.P. v. Poritz, 931 F. Supp. 1199, 1219 (D.N.J. 1996), rev’d, 119 F.3d 1077 (3d Cir. 1997), cert. denied, 522 U.S. 1110 (1998) [hereinafter Verniero]; see also In re Reed, 663 P.2d 216 (Cal. 1983) (quoting In re Birch, 515 P.2d 12 (Cal. 1973)). (8). Indeed, the public disclosure provisions of HRS chapter 846E can adversely affect an offender’s personal and professional life, employability, associations with neighbors and choice of housing. Noble v. Board of Parole and Post-Prison Supervision, 964 P.2d 990, 995-96 (Or. 1998); State v. Myers, 923 P.2d 1024, 1041 (Kan. 1996), cert. denied, 521 U.S. 1118 (1997); Rowe v. Burton, 884 F. Supp. 1372, 1378 (D. Alaska 1994), appeal dismissed, 85 F.3d 635 (9th Cir. 1996) (personal and professional lives); Artway v. Attorney General, 876 F. Supp. 666, 668 (D.N.J. 1995),aff’d in part and vacated in part, 81 F.3d 1235 (3d Cir.), reh’g denied, 83 F.2d 594 (1996) (employability and associations with neighbors); Robin L. Deems, Comment, California’s Sex Offender Notification Statute: A Constitutional Analysis, 33 San Diego L. Rev. 1195 (1996) (citing Jenny A. Montana, Note, An Ineffective Weapon in the Fight Against Child Sexual Abuse: New Jersey’s Megan’s Law, 3 J. L. & Pol’y 569, 580-81 (1995)) (choice of housing). In addition, public disclosure may encourage vigilantism and may expose the offender to possible physical violence. (9)See, e.g., Poritz, 662 A.2d at 430-31 (Stein, J., dissenting); Pataki I, 940 F. Supp. 603, 608-11 (S.D.N.Y. 1996); Doe v. Gregoire, 960 F. Supp. 1478, 1485 (W.D. Wash. 1997). Indeed, [w]hen a government agency focuses its machinery on the task of determining whether a person should be labeled publicly as having a certain undesirable characteristic or belonging to a certain undesirable group, and that agency must by law gather and synthesize evidence outside the public record in making that determination, the interest of the person to be labeled goes beyond mere reputation. . . . [I]t is an interest in avoiding the social ostracism, loss of employment opportunities, and significant likelihood of verbal and, perhaps, even physical harassment likely to follow from designation.

Noble, 964 P.2d at 995-96. Therefore, HRS chapter 846E is highly likely to cause irreparable harm to Bani’s reputation and professional life, employability, associations with neighbors, and choice of housing.

The Paul Court recognized that, in addition to the interests recognized by state law, “[t]here are other interests . . . protected not by virtue of their recognition by the law of a particular State but because they are guaranteed in one of the provisions of the Bill of Rights which has been ‘incorporated’ into the Fourteenth Amendment.” Paul, 424 U.S. at 710 n.5. As an example, in Bohn, 772 F.2d at 1436 n.4, the United States Court of Appeals for the Eighth Circuit found a protectible interest in reputation where the stigma of being identified as a child abuser was tied to the protectible interest in privacy and autonomy of family relationships. See also Poritz, 662 A.2d at 419 (holding that the stigma resulting from notification that petitioner was a sex offender was tied to the protectible interest in privacy inasmuch as he had an interest in his reputation); Neal, 131 F.3d at 830 (holding that Hawaii’s designating of prisoner as “sex offender” without hearing and requiring successful completion of treatment program as precondition for parole eligibility together implicated a liberty interest protected by the right to due process of law).

Under these circumstances, we are persuaded by the following considerations that Bani has a liberty interest protected by the Hawaii Constitution that entitles him to procedural due process: (1) the public disclosure of accumulated and synthesized personal information that would not otherwise be easily available; (2) the potential harm to his personal and professional life; (3) the foreseeable harm to his reputation; and (4) the statutory branding of him as a public danger, i.e., as a sex offender. We note that the “interest cannot be captured in a single word or phrase. It is an interest in knowing when the government is moving against you and why it has singled you out for special attention. It is an interest in avoiding the secret machinations of a Star Chamber.” Noble, 964 P.2d at 995.

10 comments for “International Meagan’s Law Damages a Person’s Reputation.

  1. In Search of Liberty
    August 8, 2017 at 11:24 am

    Will someone, anyone tell me what states allow RSOs to travel overseas? I reside in the Country of Texas, and here, if an RSO wants to travel he/she will be required to climb Mt Everest, in the dead of winter, and in his/her skivvies. And that’s just to travel from Houston to Dallas, a four hour drive in the same state. Don’t ask what you’ll have to do if you wanted to travel to say, France or Great Britain. So again, what states allow RSOs to travel overseas? If none then why this IML?

    • elle
      August 10, 2017 at 5:57 pm

      The State of Texas does not prevent RSOs from traveling overseas, out of state, or within the state. By state law one is required to give advance notice if they are moving out of state or moving to a new address. Some registering jurisdictions within the state might request that registrants give notice if they’ll be traveling for more than 7 days, but this is not state law. Texas is not a SORNA state and so does not require 21-day notification to travel abroad, however Federal law through IML does seem to require this. However, if you are on probation or parole supervision, it’s a whole different story. The rules for registrants on supervision are harsh. Whether you are a registrant or not, if you’re still on paper you’ll need written persmission from your supervisor to travel out of state and it’s probably impossible to be granted permission to leave the country. For that you will need to wait until you are off paper.

      On a totally different subject. Passports for registrants for IML are the same 10 year length as they are for any other citizen. The one-year passport issue is outdated information based on previous bills that did not get passed into law. What IML did include was the provision that registrant passports bear a special mark that indicates the registrant status. As far as I know, the State Department has not yet begun issuing these scarlet letter passports.

      • Maestro
        September 25, 2017 at 8:28 pm

        “if you’re still on paper you’ll need written persmission from your supervisor to travel out of state and it’s probably impossible to be granted permission to leave the country. For that you will need to wait until you are off paper”

        Not entirely true, at least not prior to IML as I am aware of people who were on supervision (probation, not parole) that were allowed to travel outside the country.

  2. mike r
    August 16, 2017 at 2:16 pm

    Hey you all. I am about to file this motion go check it out tell me what you think….

  3. Taj
    August 21, 2017 at 10:00 am

    I am writing this to you in desperation. I feel helpless at the moment and could use guidance on my current situation.

    In 2012 I plead guilty to one count of possession and dissemination of child pornography. I was sentenced to 15 weekends in jail and the remainder of the 11.5 months on house arrest as well as 7 years of sex offender probation. Currently I am on house arrest and sober link for a DUI arrest last year in Nov. 26 and as per an agreement (after pleading guilty for the DUI) with the DA and Probation for my Gag 2 they would not ask for additional jail time.
    Today I met with my probation officer for a regular visit. Except it wasnt a regular meeting, prior to being taken into the supervisors office I was asked to take a urinalysis which I did and of course showed up clean. In the supervisors office they asked me how I found out about a civil rights lawsuit against my probation officer. I stated that I found it on Pacermonitor. They asked me if I had googled my PO’s name and I stated I did not. They then said that since I had inquired about the lawsuit with the secretary at the treatment group I attend in casual convo that they were going to have me take a polygraph and would continue my Sept. 20th gag 2 date until after I take the polygraph.

    I am distraught. How can they do this? I did not violate in anyway and Im concerned now that they will use the polygraph against me. They will say its a ‘treatment’ issue and if I allegedly fail then they can discharge me from group for failing and that would constitute as a violation of probation.

    Please Help, I dont know what to do. I was even threatened by my PO after the meeting

    • Maestro
      September 25, 2017 at 8:33 pm

      Join in on that civil rights suit and make it become a class action suit since these wastes of tax payer money don’t seem to learn THEIR lessons.

  4. untied_states
    August 22, 2017 at 1:26 pm

    Last I knew if you have a Felony conviction, you cannot leave the country until the country you are visiting gives you approval. Most countries won’t allow any felonies and i hear other countries are really stepping up their laws for sex abuse against minors partly because of the human trafficking problems.

    I “by accident” passed an exit i was supposed to get off at and came upon the Canadian border and was all but detained by the skin of my teeth because of a felony conviction. They thought i was trying to illegally cross by missing the exit.

    • Elle
      August 25, 2017 at 3:25 pm

      There are a few countries that share criminal histories with the United States–often referred to as the “five eyes”– United States, Canada, England, New Zealand, and Australia, I believe. Canada has very strict laws concerning the admission of anyone who has a record–this includes some misdemeanor offenses such as DUI. The part about not leaving the country until the country you are visiting gives you approval is incorrect. The decision to allow you into the country happens at the border. Even if you have a valid visa (for countries that require a visa for entry–not all countries do) the border officials can turn you away if they see fit. The point being, it is ***impossible*** to get “approval” in advance and the assurance that you will be allowed entry. This is not how international travel works. Aside from the five eyes countries, most American felons are able to cross international borders without any issues. The exception to this are those with sex offense convictions. If you are required to register, the US Government will most likely send out an interpol green notice stating that you are likely to commit a crime, as well as an immigration notice to the country you are traveling to. Depending on the policy of that country it’s likely you will be turned away at the border or put right back on the plane and sent home. Most felons do not have this issue. It is specific to those with sex offenses who are required to register.

  5. MatthewLL
    September 11, 2017 at 12:08 pm

    I believe if you are no longer required to register by state law, there is no way to make notification of international travel to the federal government. DOJ put out a bulletin that states they were not authorized by law to accept notification directly, but only through the registry system. Therefore, you cannot make notification. I can post the DOJ SMART oddice Dispatch on the matter if interested.

    • John
      October 16, 2017 at 3:28 pm

      I am interested in seeing that I’m off in 2 years and trying to go to my gf in the Philippines doj smart oddice on this

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