Law requiring sex offenders to reveal Internet aliases does not violate First Amendment, court rules
A Pennsylvania law requiring convicted sex offenders to reveal their Internet aliases does not violate the First Amendment, according to an en banc panel of Pennsylvania’s intermediate-level Commonwealth Court.
The sex offender, Richard Coppolino, had alleged the law violated his right to anonymous online speech, report the Legal Intelligencer and the Allentown Morning Call. He alleged the reporting requirement was overbroad because it was intended to protect minors, but his crime did not involve a minor or the Internet.
Coppolino had argued that sex offenders are widely despised and anonymous speech allows him his only opportunity to speak out regarding matters of public importance, such as the treatment of sexual offenders.
The Commonwealth Court looked at cases in other jurisdictions, and said laws have been struck down only when the sex offender’s Internet aliases have the potential to be released to the general public. The Pennsylvania law says the aliases should be shared with federal and state governments, as well as law enforcement officials, but it doesn’t provide for release to the general public.
Because the law does not require disclosure of the Internet aliases on a website maintained by the Pennsylvania State Police, the court concluded the police have no authority to disclose the information through the website. As a result, the requirement does not burden the right to anonymous Internet speech, the court concluded.
The panel also upheld several other registration requirements under the law, though they took effect after Coppolino had served his sentence. The court said the requirements to provide additional information such as palm print and DNA samples were related to public safety and did not constitute ex post facto punishment. The court did overturn, however, a requirement for in-person updates that would make it difficult to travel.
