Any Challenges to the SOR Based on Freedom to Associate? Is it feasible?

Avak · Sep 17, 2015

I guess the title sums up my question. Is the sex offender registry (applied retroactively) violating an offenders right to not associate with the label/group "sex offender"

Is it conceivable that a successful challenge could be had based on this argument?

ecmst12 · Sep 17, 2015

I don't think you understand what freedom of association means.

quincy · Sep 17, 2015

Avak said:
I guess the title sums up my question. Is the sex offender registry (applied retroactively) violating an offenders right to not associate with the label/group "sex offender"

Is it conceivable that a successful challenge could be had based on this argument?

No. It is not conceivable that a successful challenge could be had.

Nice try, though.

Freedom of association is a right to peacefully assemble with those whom you choose to associate - however this right is not an absolute right and never has been.

Avak · Sep 17, 2015

ecmst12 said:
I don't think you understand what freedom of association means.

I do understand what it means, I am saying that the sex offender registry is forced association in a group. An offender would obviously prefer to call himself a felon or just plain say that he made a mistake when he was younger, or possibly just say i'm a FORMER offender. This is a luxury every other class of felons enjoys.

"sex offenders" are forced to register as such. this is not applied evenly, some former sex offenders get to enjoy the luxury of relative anonymity, (even though its public record)

So here we have forced association in a group and no right to "say" otherwise. The offender whose labeled lost his right to free speech when he was labeled and included in the group.

quincy · Sep 17, 2015

Avak said:
I do understand what it means, I am saying that the sex offender registry is forced association in a group. An offender would obviously prefer to call himself a felon or just plain say that he made a mistake when he was younger, or possibly just say i'm a FORMER offender. This is a luxury every other class of felons enjoys.

"sex offenders" are forced to register as such. this is not applied evenly, some former sex offenders get to enjoy the luxury of relative anonymity, (even though its public record)

So here we have forced association in a group and no right to "say" otherwise. The offender whose labeled lost his right to free speech when he was labeled and included in the group.

Free expression and freedom of assembly/freedom to associate are not absolute rights.

Those who are convicted of sex crimes lose a lot of their rights, just as those in prison lose a lot of their rights. If you don't want to be "associated" with criminals, the best way to do that is to not commit crimes.

The bottom line is that, no, a free association argument will not get you removed from a sex offender registry any more than a free association argument is a get out of jail free card.

LdiJ · Sep 18, 2015

Avak said:
I do understand what it means, I am saying that the sex offender registry is forced association in a group. An offender would obviously prefer to call himself a felon or just plain say that he made a mistake when he was younger, or possibly just say i'm a FORMER offender. This is a luxury every other class of felons enjoys.

"sex offenders" are forced to register as such. this is not applied evenly, some former sex offenders get to enjoy the luxury of relative anonymity, (even though its public record)

So here we have forced association in a group and no right to "say" otherwise. The offender whose labeled lost his right to free speech when he was labeled and included in the group.

Huh? Being required to register as a sex offender would not violate someone's right to free speech at all.

FlyingRon · Sep 18, 2015

Avak said:
I do understand what it means, I am saying that the sex offender registry is forced association in a group.

Apparently, you don't.

Barring certain restrictions placed upon you, you are free to associate with who you want. There's no constitutional prohibition that keeps you from being placed in "groups" whether you were convicted of horrendous crimes. I'm forced to be considered a taxpayer, a citizen , etc.... The restrictions on your association with children or whatever sanctions placed against you were done in accordance with the fifth amendment that says your liberties were not deprived without due process.

Avak · Sep 18, 2015

LdiJ said:
Huh? Being required to register as a sex offender would not violate someone's right to free speech at all.

Being labeled does, it associates a crime with WHO the person is, instead of letting the person actually be who he is. A person is NOT what they have done, the label makes them subhuman.

The term "sex offender" is not just a person who committed a sex crime, it is a label created by the SOR program. It's a term that's been created within the last 20 years.

No matter how hard that person works to overcome his label, he will ALWAYS be despised. This is not because of his offense, but because of the hysteria the registry has created. Without a registry an offender can move on with his life and potentially contribute something meaningful to society.

Just Blue · Sep 18, 2015

Avak said:
Being labeled does, it associates a crime with WHO the person is, instead of letting the person actually be who he is. A person is NOT what they have done, the label makes them subhuman.

The term "sex offender" is not just a person who committed a sex crime, it is a label created by the SOR program. It's a term that's been created within the last 20 years.

No matter how hard that person works to overcome his label, he will ALWAYS be despised. This is not because of his offense, but because of the hysteria the registry has created. Without a registry an offender can move on with his life and potentially contribute something meaningful to society.

Actually it was the sex crime they made against a man, woman or child that make the sex offender subhuman.

ecmst12 · Sep 18, 2015

No, it's pretty much because of the offense, not because of any "hysteria" from the registry.

Any Challenges to the SOR Based on Freedom to Associate? Is it feasible?

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