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State and Local Government Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Brooklyn Law Review

2023

SORNA; Sex Offender Registration and Notification Act; First Amendment; Compelled Speech; Sex Offense; Sex Offender; Reintegration; Public Shaming; Branding; Restorative Justice; Privacy Rights; Sex Crime Hysteria; Registered Offender; State v. Hill

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Full-Text Articles in State and Local Government Law

Identity Crisis: First Amendment Implications Of State Identification Card And Driver’S License Branding For Registered Sex Offenders, Marina D. Barron Dec 2023

Identity Crisis: First Amendment Implications Of State Identification Card And Driver’S License Branding For Registered Sex Offenders, Marina D. Barron

Brooklyn Law Review

The Sex Offender Registration and Notification Act has been criticized since its inception as excessively punitive, a poor means of preventing sex crimes, and an invasion of basic privacy rights. There are currently eight states that require registered sex offenders to carry branded identification cards (IDs) that mark their registrant status. These markings range anywhere from a letter or symbol on the face of the card, to the words “SEXUAL OFFENDER” or “SEXUAL PREDATOR” in bright red or orange letters. Registrants are forced to share this private and harmful information to the unknowing and presumably uninterested public, including pharmacists, hotel …