A Florida appeals court will rehear a case challenging the constitutionality of a state law requiring the words “SEXUAL PREDATOR” to be printed on the driver’s licenses of convicted sexual predators. The 5th District Court of Appeal’s decision to reexamine the case comes after a split panel of judges ruled earlier this month that the requirement violated First Amendment rights.
The initial 2-1 decision, issued on January 10th, stemmed from a Sumter County case involving Michael Crist, who was convicted in 2002 of attempted sexual battery on a child under 12 and lewd and lascivious molestation.
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The court found that mandating the “SEXUAL PREDATOR” label constituted compelled speech and was not sufficiently tailored to the state’s interest in public safety.
Judge Scott Makar, writing for the majority, argued that the designation was not narrowly tailored enough to achieve the state’s goal of informing the public about sexual predators. The ruling would not impact Florida’s online sexual predator registry or the practice of including a statute number on the licenses of convicted sexual offenders.
However, Judge Adrian Soud issued a strong dissent, characterizing the majority opinion as “ill-conceived” and “dangerously wayward.” He expressed concern that removing the label could endanger the public.
The full court’s decision to rehear the case “en banc” signals the significance of the issue and the potential for a different outcome. The rehearing will allow all judges on the 5th District Court of Appeal to weigh in on the constitutionality of the “SEXUAL PREDATOR” driver’s license designation and its implications for both free speech and public safety.
The case has drawn attention to the balance between protecting the public from sexual predators and respecting individuals’ First Amendment rights. The court’s final decision could have far-reaching consequences for how Florida identifies and tracks sexual predators.
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