Mitchell Hamline School of Law
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    Mitchell Hamline School of Law, located in St. Paul, Minnesota offers a rigorous, practice-based experience, preparing graduates to serve clients and communities. Our motivated students study full time or part time, on-campus or partially online in the way that fits their lives.

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Sex Offense Litigation and Policy Resource Center

State v. Hill (La. 2020)

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Recent Cases

  • Farrara v. Commonwealth (Va. 2021)

  • State v. Brown (N.J. 2021)

  • United States v. Hamilton (4th Cir. 2021)

  • State v. C.G. (Wis. Ct. App. 2021)

  • Maves v. Alaska Dep’t of Public Safety (Alaska 2021)

  • Riley v. State Dep’t of Public Safety (Nev. 2021)

  • White v. LaClair (E.D.N.Y. 2021)

  • United States v. Ellis (4th Cir. 2021)

  • Brown v. Tarrant County (5th Cir. 2021)

  • In re Gadlin (Cal. 2020)

Contact Information

Sex Offense Litigation and Policy Resource Center

875 Summit Avenue
Saint Paul, MN 55105

Professor Eric Janus, Director

eric.janus@mitchellhamline.edu

Guy Hamilton-Smith, Legal Fellow

guy.hamiltonsmith@mitchellhamline.edu

Posted: October 24, 2020

State v. Hill, No. 2020-KA-0323 (La. 2020)

Nature of Case: The Appellee was previously convicted of a sex offense and, under Louisiana state law, was required to carry identification that bore a mark clearly identifying him as a “sex offender.” He was charged with altering his identification to obscure the mark, and argued at the trial court level that the state law was unconstitutional. The trial court agreed, finding that the law was unconstitutional under the 1st Amendment. The state sought review.

Holding: The Louisiana Supreme Court affirmed the decision of the trial court, finding that the state law violated the 1st Amendment as compelled speech, and could not survive a strict scrutiny analysis.

Case Documents

  • Louisana Supreme Court Opinion

News and Related Materials

Category: SORN Cases Tag: 1st Amendment, 5th Cir., Compelled Speech, Louisiana

Previous Post:
McGroarty v. Swearingen (11th Cir. 2020)
Next Post:
Commonwealth v. Muhammad (Pa. Super. 2020)

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Jurisdiction

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Constitutional Issues

10th Amendment 14th Amendment 1st Amendment 4th Amendment 5th Amendment 6th Amendment 8th Amendment Assistance of Counsel Bail Bill of Attainder Compelled Speech Double Jeopardy Due Process Equal Protection Ex Post Facto Foreign Commerce Clause Fourteenth Amendment Freedom of Association Full Faith and Credit Habeas Corpus Necessary and Proper Nondelegation Overbreadth Privileges and Immunities Procedural Due Process Right to Jury Trial Right to Parent Right to Travel Ripeness Speedy Trial Standing Substantive Due Process Takings Clause Treaty power Void-for-Vagueness

Substantive Issues

Actual Innocence Administrative exhaustion Administrative Procedures Act AEDPA Antisocial Personality Disorder Apprendi / Alleyne As-Applied AWA Burden of Proof Churches Civil Commitment Collateral Estoppel Conditions of Confinement Conditions of Release Daubert Deregistration Evidentiary Standards Expungement Extraterritorial Registration Failure to Register Familial Relationships GPS Halloween Hearsay Heck bar Homelessness Housing HUD Immigration Ineffective Assistance International Travel Internet Identifiers Internet Restrictions Jury Instructions Juvenile Registration Mental disorder Non-Sexual Offense Notification Out-of-state Offense Paraphilia Diagnosis Pardon Parole Personality Disorder Plea Agreement Plethysmograph PLRA Polygraphs Preemption Presence Restrictions Procedural Default PROTECT Act Punishment Qualified Immunity Recidivism Reclassification Res Judicata Residential Banishment Retroactive Application (Non-EPF) Revocation of Supervision Risk School Property Second / Subsequent Offense Sentencing Sexual Predator designation Sign Posting Special Needs Supervised Release SVP Tiering / Classification Tolling Transitional Release Travel Travel Restrictions Treatment Programs Voting Rights






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