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Cato Podcast

Sex Offender Registries at the High Court

Cato Podcast

Cato Institute

Immigration, News, News Commentary, Peace, 424708, Markets, Government, Libertarian, Policy, Politics, Cato, Defense

4.5979 Ratings

🗓️ 30 December 2016

⏱️ 12 minutes

🧾️ Download transcript

Summary

What are the constitutional issues raised when a government can put someone, even a registered sex offender, behind bars simply for making use of social media? David Post comments on the Packingham case that goes before the Supreme Court next year.

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Transcript

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0:00.0

This is the Cato Daily Podcast for Friday, December 30th, 2016.

0:07.0

I'm Caleb Brown.

0:08.0

Should a Facebook post land you in jail?

0:10.0

What if you're a sex offender should the government have the power to keep you off the internet long after you've served your time?

0:17.0

Edo Institute adjunct scholar and Vaulach conspiracy blogger David Post discusses the Packingham case that will go before the US Supreme Court next year.

0:26.4

People, law enforcement but also the public had a right to know what is, after all, public information, namely that so-and-so has been,

0:41.0

was convicted of a sex crime in the past.

0:45.1

So the original statutes were all notification statutes.

0:48.8

They required people to register, to say where they lived. The police register with law enforcement.

0:56.0

Law enforcement would then make that information public. They would inform neighbors,

1:01.0

they would put it up on a website that so-and-so who was convicted of such and such a crime

1:09.0

so many years ago is now living in your neighborhood.

1:11.0

And the idea was that that would help people

1:13.8

protect themselves and it would alert the police on the on the theory that these

1:17.4

people are more likely to be recidivists it would also help the police to

1:22.4

investigate if there were any problems in the neighborhood.

1:25.6

It has become, it's gone way beyond, in virtually all states.

1:31.6

It has gone way beyond that original disclosure rationale. Most states now have some regime that involves prohibitions on particular kinds of activity and in the in the truly awful ones and some

1:46.5

are truly awful this means you can't live in certain places within a thousand

1:52.1

feet of a church within a thousand feet of a church, within a thousand feet of

1:54.1

the school. Some states make it unlawful for you to enter the school or a

1:58.9

church or a playground or a library unless you have some exemption because if your child is in the

...

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