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So when the majority of the court later determined to overrule that holding for future litigants, the court ordered the release of those cases to be delayed until the opinion in the Peterson-Beard case was ready to be filed, Johnson said.
But they were concerned with equating the internet to a real-world public space.
Alito wrote the comparison could make it harder for states to pass laws that restrict sex offenders' access to certain websites, like dating services.
He had challenged the lifetime sex offender registry requirement as unconstitutional under the Kansas Bill of Rights and the Eighth Amendment to the U. In Kansas, the law requires any sex offender’s driver’s license to have an “RO” designation and quarterly registration showing where the offender works or attends school and lives.
In an opinion written by Judge Caleb Stegall, the court said the registration requirement was not an unconstitutional form of punishment, but rather a civil regulatory scheme that aims to protect the public. However, the rulings in those three cases now apply only to those three defendants only because the fourth decision essentially overruled the court’s findings over whether the registry constituted punishment.