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Nevertheless, the limitations on free speech in sex offender cases may invite additional judicial or legislative review in future years. Background of the Case In 2010, Minnis was adjudicated a delinquent minor in Mc Lean County for his Class A misdemeanor criminal sexual abuse conviction and was sentenced to twelve months of probation, rendering him a “sex offender” under the Registration Act. In July 2015, the circuit court granted Minnis’ motion to dismiss the indictment; specifically ruling that the entire Registration Act’s Internet disclosure requirement was unconstitutional on its “face” and “as applied” to Minnis, and it was “based solely on the first amendment.” If Minnis “knowingly or wilfully” provided “false” information under the Registration Act (including incomplete information regarding his Facebook account), he can be found guilty of a Class 3 felony, which carries a sentence of up to five years imprisonment. Registration Act and Notification Law “The Registration Act and the Notification Law ‘operate in tandem, providing a comprehensive scheme for the registration of Illinois sex offenders and the dissemination of information about these offenders to the public.’” all e-mail addresses, instant messaging identities, chat room identities, and other Internet communications identities that the sex offender uses or plans to use, all Uniform Resource Locators (URLs) registered or used by the sex offender, all blogs and other Internet sites maintained by the sex offender or to which the sex offender has uploaded any content or posted any messages or information. Here adults can cam with anyone or everyone, instant message, post emojis or share pictures.
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Finally, the First Amendment free speech rights of sex offenders in the context of the Internet and the criminal justice system, as reviewed by the Illinois Supreme Court, may present significant new legal and policy issues in years to come. Szala was a capital partner in litigation with the international law firm of Winston & Strawn, LLP, based in Chicago, retiring in 2014 after more than 34 years with the firm.
He is now an Adjunct Professor with the University of Illinois College of Law, teaching (1) Illinois Constitutional Law and Policy and (2) Advanced Trial Advocacy and Professional Responsibility. Szala is a member of three Illinois Supreme Court committees and an advisory committee member of the Illinois Supreme Court Historic Preservation Commission.