Active Case

Doe v. Harris

May 08, 2013

The ACLU of Northern California and the Electronic Frontier Foundation filed a federal class-action lawsuit to block implementation of unconstitutional provisions of Proposition 35 – a ballot measure passed by California voters that restricts the legal and constitutionally protected speech of all registered sex offenders in California.

Proposition 35 requires anyone who is a registered sex offender – even people with decades-old, low-level offenses like misdemeanor indecent exposure and people whose offenses were not related to the Internet – to turn over a list of all their Internet identifiers and service providers to law enforcement.    This likely includes email addresses, usernames and other identifiers used for online political discussion groups, book and restaurant review sites, forums about medical conditions, and newspaper or blog comments.

Proposition 35’s online speech regulations are overly broad and violate the First Amendment, both because they prohibit anonymous speech and because the reporting requirements burden all sorts of online speech.

The lawsuit, filed in the U.S. District Court for the Northern District of California, asks for a temporary restraining order and an injunction.

On November 7 Judge Thelton Henderson granted the request for a temporary restraining order to block these provisions of Proposition 35 from taking effect. 

On January 11, 2013 the court granted a preliminary injunction. The government appealed the preliminary injunction to the United States Court of Appeals for the Ninth Circuit.

The appeals court heard arguments in the case on September 10, 2013, and will likely issue an opinion before the end of the year.  The preliminary injunction remains in effect. 

Learn More:

ACLU and EFF Challenge Free Speech Restrictions in California's Proposition 35

Court Grants Preliminary Injunction in ACLU Suit Challenging Prop 35's Free Speech Restrictions

Prop 35 Violates the First Amendment