740 F.3d 1032
5th Cir.2014Background
- Luther Arnold pleaded guilty in 1994 in Tennessee to rape, incest, and related offenses that triggered SORNA registration duties.
- In 2011 Arnold moved from Mississippi to Tennessee but did not notify his prior jurisdiction, update his Mississippi registration, or register in Tennessee.
- He was charged under 18 U.S.C. § 2250(a) for knowingly failing to register and pleaded guilty; he did not pursue a direct appeal.
- Arnold filed a collateral § 2255 motion arguing SORNA’s registration requirements unconstitutionally compel his speech in violation of the First Amendment.
- The court granted a certificate of appealability limited to the First Amendment compelled-speech issue and denied relief, affirming the denial of the § 2255 motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether SORNA's registration requirements constitute unconstitutional compelled speech | Arnold: Registration forces him to speak/communicate information in violation of the First Amendment | Government: Registration is a valid governmental requirement to protect public safety and is an ordinary disclosure obligation, not ideological compulsion | Court: No First Amendment compelled-speech violation; SORNA registration serves an essential government function and does not force affirmation of beliefs or act as a state ideological billboard |
Key Cases Cited
- West Virginia State Bd. of Educ. v. Barnette, 319 U.S. 624 (prohibits government from forcing affirmation of political/religious beliefs)
- Wooley v. Maynard, 430 U.S. 705 (state may not require citizens to display state motto that compels ideological endorsement)
- United States v. Sindel, 53 F.3d 874 (8th Cir.) (compelled disclosure to preserve essential government functions is permissible)
- Cutshall v. Sundquist, 193 F.3d 466 (6th Cir.) (no constitutional right to keep registry information private)