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Winners in Florida: First amendment rights, removal of “Sexual Predator” from driver’s licenses

By Stephen . . . The Florida 5th District Court of Appeals struck down the state driver’s license

designation of labeled Sexual Predator as compelled speech in a 2-1 decision, citing earlier wins in AL and LA over the same compelled speech issue.

The designation of SEXUAL PREDATOR on a personal driver license, however, is the type of compelled speech that is a step too far as the Louisiana Supreme Court and an Alabama federal court have held. The availability of numbers, symbols, or codes in various colors and fonts, as an example, shows a lack of narrow tailoring and that the government’s compelling interest in protecting the public can be achieved without compelling speech impermissibly.
While the ruling declared unconstitutional sections 322.212(5)(c) and 322.141(3)(a), Florida

Statutes(2021), the ruling is stayed and held in abeyance pending an appeal to the Florida Supreme Court asking the following question:

Does the requirement that a Florida driver license contain the designation SEXUAL PREDATOR for those persons within that category constitute compelled speech that is unconstitutional under the strict scrutiny test?

The Florida Supreme Court would have to go against every finding to date, both federally and at the state level, to overturn this decision. We shall see.

Written by 

Stephen is a paralegal with more than a decade's experience in analysis of sexual crimes and registry law.

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