Comments on: Surprise ruling from Louisiana Supreme Court ends “Scarlet Letter” ID

By: Paul

Paul — Thu, 22 Jul 2021 03:44:00 +0000

King

Can someone like yourself with your experience move some attorneys to challenge this law and get it overturned?
I don’t have the experience nor wherewithal to do it, but certainly support any action to get it repealed.

By: King Alexander

King Alexander — Wed, 21 Jul 2021 20:17:32 +0000

In reply to Paul.

The forced publication of advertisements and mailing of notices that say, as if it were the registrant speaking, “I am John Doe. I was convicted of Offense X ….” is a much clearer case of forced speech than having to carry the branded ID, so it should be low-hanging fruit for a court challenge. But for it to be repealed, a legislator would have to sponsor a ill, so don’t hold your breath. It was easier for legislators to say in committee that the DAs’ new bill (sponsored by one of the usual suspects in the legislature, who reguylarly carry water for the DAs) that they had problems with it, so that now there is no replacement requirement. State v. Tazin Ardell Hill was decided by the Louisiana Supreme Court relying on federal constitutional provisions and jurisprudence, so a civil rights action challenging the forced speech and seeking a declaratory judgment should get the job done and earn someone some attorneys’ fees under 42 USC Sec. 1983.

By: Paul

Paul — Wed, 21 Jul 2021 01:03:12 +0000

Since it has been determined that the scarlet letter is unconstitutional as it is compelled speech, shouldn’t it also be unconstitutional on the same basis to force a sex offender to send out mailings to force them to tell their neighbors they are sex offenders?
How can we get this law repealed on the same basis?

By: William

William — Tue, 06 Jul 2021 07:59:20 +0000

Now if they can expunged sex offense as part of the law because Louisiana and Michigan are the only two not allowing any sex offenses at all to be expunged, sex offenders are their cash cow as I see it especially Jefferson parish and orleans parish, I personally admit I did wrong but have reframed my lifestyle and moral conscience so when it comes time to not register I will still have my sex offender info haunt me even though I was no threat to the community as I have seen on court documents themselves and even a virgin if that makes it anymore understandable

By: King Alexander

King Alexander — Sat, 26 Jun 2021 15:08:14 +0000

I have not heard of the state or anyone else taking steps to notify holders of “Scarlet Letter” driver’s licenses or state IDs that they can get them replaced with new cards without the “Scarlet letter” much less that they would be compensated for the First Amendment violation, or that the replacement fees would be waived. It seems like low-hanging fruit for a civil rights class action, since the state supreme court has already held that it was a First Amendment violation. In the ordinary turnover of expiration, the new licenses and IDs will not have the “Scarlet Letter.” Moreover, in the Louisiana Legislature this spring, a bill seeking to return a more cryptic orange marking on the front of the licenses and IDs of registrants was defeated in committee by one vote, meaning that it did not go to the floor of the whole body.

By: Gary K Behrens

Gary K Behrens — Wed, 23 Jun 2021 16:15:37 +0000

Bravo on the work to eliminate the Scarlet Letter law, as a wrongfully convicted sex offender I see this as a first step in the right direction. I am wondering why there is little follow up information now that the Louisiana Court ruled the scarlet letter law was a violation of the first amendment, I was hoping to see some kind of legal action regarding those having to carry the required identification and renew the driver license and ID yearly (6 renewals/ 6 times the cost) I was never notified of the change regarding the DL/ID requirement until a visit from a sheriff deputy in March of this year. Seems the state was happy to let those affected to learn about the ruling on their own. Is there any legal action concerning (lawsuits) regarding the unconstitutional first amendment actions of Louisiana?