A Promise to the Ear to be Broken to the Hope: Challenging Sex Offender Out-of-State Conviction Provisions Under the Right to Travel

Abstract

The subject of sex offender registration laws is not one that people tend to take lightly. Similar to the classic comic-book battles between good and evil — Batman vs. Joker or Superman vs. Lex Luther — sex offender laws were created with the sole purpose to protect children. Despite the positive impact of these laws on both child and community safety, the concern is when this impact is used to justify violating an offender’s constitutional rights. Among one of these rights, is the fundamental right to travel. This comment analyzes the implications of state sex offender registrations schemes on a person’s fundamental right to travel — specifically, the out-of-state conviction offender.