Prop 35 Is Being Attacked in the Courts; Meanwhile, What is Diane Duke Waiting for? An Engraved Invitation?

No need to remind you, Diane Duke and James Lee were busy partying Thursday as the Free Speech Coalition was holding another one of its self-congratulatory summits.

Meanwhile, in the courts where the action is really happening, Prop 35, aka The Human Trafficking Law, is being eviscerated.

Although Prop 35 was passed resoundingly Tuesday night with 81% of the vote, according to the Associated Press, The ACLU of Northern California and the Electronic Frontier Foundation already won an initial court victory, Thursday.

U.S. District Judge Thelton Henderson agreed to temporarily halt enforcement of a part of Proposition 35 that requires registered sex offenders to give authorities a list of their Internet providers and screen names.

The American Civil Liberties Union of Northern California and the Electronic Frontier Foundation sued in U.S. District Court in San Francisco on behalf of sex offenders. They argued the requirement restricts offenders’ First Amendment right to free speech and their due process and equal protection rights under the Fourteenth Amendment.

Judge Henderson issued a temporary restraining order until there is a full hearing Nov. 20, saying there are “serious questions” of constitutional rights to be considered.

Judge Henderson went on to say that since the state maintains it can’t enforce the provision until March, there would be minimal harm in issuing a stay.

The lawsuit was filed on behalf of two anonymous registered sex offenders who otherwise would be required to disclose their Internet providers and screen names.

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