John Doe v. Kamala Harris

Good Law
772 F.3d 563
United States Court of Appeals for the Ninth CircuitNovember 18, 201413-15263, 13-15267California8,861 words

Opinion

Opinion

Bybee, J.

California law has long required registered sex offenders to report identifying information, such as their address and current photograph, to law enforcement. CaLPenal Code §§ 290.012, 290.015. The Californians Against Sexual Exploitation (“CASE”) Act sought to supplement and modernize these reporting obligations by requiring sex offenders to provide “[a] list of any and all Internet identifiers estab lished or used by the person” and “[a] list of any and all Internet service providers used by the person.” Id. § 290.015(a)(4)-(5). The Act also requires registered sex offenders to send written notice to law enforcement within 24 hours of adding or changing an Internet identifier or an account with an Internet service provider (“ISP”). Id. § 290.014(b). Appellees Doe, Roe, and the nonprofit organization California Reform Sex Offender Laws filed a complaint alleging that the CASE Act infringes their freedom of speech in violation of the First Amendment. Appellees filed a motion for a preliminary injunction, which the district court granted. Kamala Harris, the Attorney General of California, and Intervenors, the proponents of the CASE Act, appeal. We hold that the district…

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