On Tuesday, voters in California overwhelmingly approved Proposition 35, which ratcheted up penalties for those convicted of sex crimes, including human trafficking. The proposition included a provision requiring registered sex offenders to disclose to law enforcement all of their Internet connections and online identities.
On Wednesday, two of the 73,900 registered sex offenders in the state who would be affected by the law filed a lawsuit challenging the constitutionality of these provisions. The two plaintiffs argued that forcing them to expose their online identities would violate their First Amendment right to speak anonymously. Their appeal is supported by the American Civil Liberties Union of Northern California and the Electronic Frontier Foundation.
Late on Wednesday, Judge Thelton Henderson granted a temporary restraining order barring the law from going into effect until he had time to consider the plaintiffs' constitutional arguments.
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