Judge Temporarily Blocks Prop 35

A day after California voters approved Proposition 35, a federal judge temporarily blocked the new law’s requirement that the state’s 73,000 registered sex offenders must immediately give police a list of their online screen names and Internet service providers. Proposition 35, the Californians Against Sexual Exploitation Act, was approved by 81 percent of voters in Tuesday’s election, according to the secretary of state’s office.

U.S. District Judge Thelton Henderson issued the temporary restraining order in San Francisco in a federal civil rights lawsuit filed this morning by two registered offenders and a nonprofit group. The temporary order will remain in effect until a November 20 hearing on whether Henderson should grant a longer-term preliminary injunction against the disclosure requirement.

The plaintiffs are challenging only the disclosure requirement, which they claim infringes on their free-speech right to express their views on law reform and other topics anonymously. The plaintiffs are represented by lawyers from the American Civil Liberties Union and the Electronic Frontier Foundation.

The defendants are California Attorney General Kamala Harris, who is responsible for defending state laws, and the city of Alameda.

Learn more at the San Jose Mercury News article: Judge temporarily blocks Internet disclosure requirement contained in human trafficking proposition.


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