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Online Sex Offender Register Law Megans Law Survives Another Challenge
A recent decision of the U.S. Court of Appeals (3rd District) permits the State of New Jersey to publish the home addresses of convicted sex offenders on the Internet. Prior to this decision, the State, due to an injunction issued by a lower Court, was only permitted to post the offenders' county of residence. The Court of Appeal accepted the State's argument that the public interest in protecting the public and allowing the public to know the whereabouts of convicted sex offenders and to make a fully informed decision about where they live and vacation, outweighs the convicted sex offender's right to privacy in their home address. The Court of Appeals decision overturned the decision of a U.S. District Judge of the District of New Jersey who had held that the law violated the convicted sex offender's right to privacy as to their home address.
Megan's law" was enacted following the 1994 abduction, rape and murder of a young New Jersey girl by a neighbour who had been previously convicted of sex offenses against young girls. The law has faced numerous legal challenges along the way, including challenges to the law's registration system and notification requirements. In a prior decision, the U.S. Supreme Court rejected a convicted sex offender's argument that the registration system violated his right to due process because it did not permit him to establish that he was no longer a dangerous offender.
For a copy of the Court of Appeal (3rd District) decision, visit:
http://www.ca3.uscourts.gov/recentop/week/014363p.pdf
For a copy of the U.S. District Court of New Jersey decision: