Reply To: AWA Loses in Pennsylvania’s Highest Court

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Chuck

@ Brian
Amicus means “friend of the Court”. Basically, an Amicus brief is filed by someone who is not a party to the case, but they feel as though they can shed light on how the SCOTUS should rule. Basically, the PSP is saying you cannot allow the Pa Supreme. Ourt’s Ruling to stand becuase 1. It is in conflict with SCOTUS past rulings. and 2. Even if the Pa Supreme Court is correct, it would have such a major negative impact on the PSP’s ability to protect the public, the SCOTUS cannot allow it. Basically it is black letter Law (means no debate about it) that the state can violate your rights if the state has a compelling interest to do so. However, they have to be able to do it in the less restrictive way possible. So the PSP is saying ,” Ok, we believe the registry is legal. However if you disagree with us, you can’t take people off of it becuase it would impact public safety. It is the same argument North Carolina made in Packingjsm vs North Carolina. Becuase sex offender’s are so dangerous you have to allow us to violate their rights. Look how well that worked out for North Carolina.
As far as Smith vs Doe (2003). Justice Kennedy already said in Psckingjsm that the Internet has changed since then.
The only thing I THINK Pa could do is not allow the public to access it, however they don’t want to do that.
My friends in law enforcement told me that if Muniz stands they are going to start civil commitments in PA Basically they are going to argue we cannot allow sexual offenders to be in society if we are not allowed to track them. Good luck with that!!