Doe v. Shurtleff
Doe v. Shurtleff | |
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Case Title | Doe v. Shurtleff, 628 F.3d 1217 (10th Cir. 2010) |
Date | 2010 |
Appealed | Yes |
Personal Information | |
Taxonomy | |
Link to Ruling | |
Country/Jurisdiction | United States |
State or Province | |
Regulatory Bodies | |
Decided | Yes |
Arbitrator | United States Court of Appeals for the Tenth Circuit |
Related Laws | Constitution - Amendment I, Constitution - Amendment XIV, Constitution - Amendment IV, Utah Code Ann. § 77-27-21.5 |
Short Summary
Doe v. Shurtleff, 628 F.3d 1217 (10th Cir. 2010), was a United States Court of Appeals for the Tenth Circuit case assessing the constitutionality of Utah Code Ann. § 77-27-21.5, a law that requires sex offenders to register their internet identifiers with the state in order to "assist in investigating kidnapping and sex-related crimes, and in apprehending offenders." In this case, a convicted sex offender, appearing anonymously as John Doe, appealed a decision by the United States District Court for the District of Utah to vacate an order enjoining the enforcement of Utah Code Ann. § 77-27-21.5.
Background
In this case, a convicted sex offender, appearing anonymously as John Doe, appealed a decision by the United States District Court for the District of Utah to vacate an order enjoining the enforcement of Utah Code Ann. § 77-27-21.5. Even though Doe did not dispute the state's interest in enacting such a statute, he believed that the statute's enforcement ran afoul of his:
1. First Amendment right to engage in anonymous speech;
2. Fourth Amendment rights to privacy and freedom from unreasonable search and seizure; and
3. the Ex Post Facto Clause of the Constitution. Upon examining Doe's appeal, the Tenth Circuit determined that Utah's registration statute did not violate Doe's First or Fourth Amendment rights or the Ex Post Facto Clause, and therefore affirmed the lower court's decision to lift the injunction.
Doe was convicted by the United States military court system for sex offenses involving a minor and received an 18-month prison sentence. He was released after 13 months' imprisonment and was neither placed on probation nor put on supervised release. However, as a convicted sex offender residing in Utah, Doe was required to register with the Utah Department of Corrections under the Utah Code Ann. § 77-27-21.5. The statute specifically required Doe to provide "'all online identifiers and passwords used to access' websites where he was using an online identifier'". An exception was granted for identifiers associated with employment and financial accounts. Doe refused to register his identifier information and decided to challenge the law.
Doe argued that by forcing him to reveal his online identifiers to the state, the Utah registration statute hindered him from exercising his First Amendment right to engage in anonymous speech. Citing to McIntyre v. Ohio Elections Commission, 514 U.S. 334 (1995), and Reno v. ACLU, 521 U.S. 844 (1997), the Tenth Circuit acknowledged that First Amendment protection for anonymous speech was a well-established precedent, and that this protection had been extended to internet communications. However, the Tenth Circuit went on to explain that "a state may permissibly infringe upon this right when its interest is important enough and the law is appropriately tailored to meet the stated interest."
Appellant, proceeding anonymously as Mr. John Doe, was convicted by the United States military court system of sex offenses involving a minor and sentenced to eighteen months' imprisonment. After serving thirteen months of this sentence, Mr. Doe was released without being placed on probation or supervised! release. However, as a resident of Utah and a convicted sex offender, Mr. Doe was still required to register with the Utah Department of Corrections, pursuant to Utah Code Ann. § 77-27-21.5 (West 2008). Among its many provisions, this registry law required Mr. Doe to provide all "Internet identifiers and the addresses he uses for routing or self-identification in Internet communications or postings." Id. § 77-27-21.5(14)(i). The statute also required that Mr. Doe provide "all online identifiers and passwords used to access" websites where he was using an online identifier, with the exception of identifiers used for employment or financial accounts. Id. § 77-27-21.5(12)0) (29).
Believing that these requirements violated his First and Fourth Amendment rights as well as the Ex Post Facto Clause of the United States Constitution, Mr. Doe refused to provide the requested information and brought a lawsuit challenging the law. Upon Mr. Doe's motion for summary judgment, the district court invalidated the statute based on its conclusion that the statute, which provided "no restrictions on how the State could use or disseminate registrants' internet information," improperly infringed on Mr. Doe's First Amendment right to anonymous speech. (Appellant's App. at 208.) Shortly after this ruling, the Utah legislature amended the statute. First, the legislature removed any requirement that offenders disclose their passwords, and second, it placed some limits on how a state official can use identifiers provided by an offender.
The state, to assist in investigating kidnapping and sex-related crimes, and in apprehending offenders, shall:
(a) develop and operate a system to collect, analyze, maintain, and disseminate information on offenders and sex and kidnap offenses;
(b) make information listed in Subsection (27) available to the public; and
(c) share information provided by an offender under this section that may not be made available to the public under Subsection (27), but only:
(i) for the purposes under this Sub-section (2); or
(ii) in accordance with Section 63G-2-206.
Utah Code Ann. § 77-27-21.5(2) (West Supp. 2010). Additionally, the legislature amended Utah's Government Records Access and Management Act, or GRAMA, to designate certain information provided by an offender, including internet identifiers, as private.
Following these amendments, the State filed a motion for the district court to vacate its earlier order pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. After considering the briefs, the district court granted the motion, holding that the new restrictions "diminished" the chilling effect on Doe's speech so that his First Amendment right to anonymous speech was no longer "significantly threatened." (Appellant's App. at 292.) The court then concluded that the statute did not violate the Fourth Amendment because Mr. Doe had failed to show he had a reasonable expectation of privacy in his internet identifiers, which are communicated to a third party. Finally, the court held, relying on our earlier decision in Femedeer v. Haun, 227 F.3d 1244, 1246 (10th Cir. 2000), that the registry statute did not violate the Ex Post Facto Clause. Mr. Doe now appeals each of these rulings.
Decision
The Tenth Circuit acknowledged that First Amendment protection for anonymous speech was a well-established precedent, and that this protection had been extended to internet communications. However, the Tenth Circuit went on to explain that "a state may permissibly infringe upon this right when its interest is important enough and the law is appropriately tailored to meet the stated interest."
To determine whether the registration statute was a permissible infringement of Doe's First Amendment rights, the Tenth Circuit first needed to determine whether the statute was a content-based restriction. If so, under First Amendment doctrine, the court would determine the law's constitutionality using a strict scrutiny standard. If not, the court would apply intermediate scrutiny, a laxer standard.
The court stated that the State may only monitor anonymous communications after a new crime has occurred, and not at all times. The court further noted disclosure of anonymity would occur after the speech had already been made, thus lessening the statute's chilling effect.