Martin Flumenbaum, left, and Brad S. Karp First Amendment Heightened Scrutiny Analysis
The court in 'Cornelio' emphasized that it is the government's burden to demonstrate that a challenged law furthers important governmental interests, that it is narrowly tailored, and warned district courts not to supply a justification that the government fails to provide.
May 24, 2022 at 12:15 PM
7 minute read
In Cornelio v. Connecticut, — F.4th —, 2022 WL 1217394 (2d Cir. April 26, 2022), the U.S. Court of Appeals for the Second Circuit considered a First Amendment challenge to a state statute requiring individuals convicted of certain criminal sexual offenses and offenses against minors to disclose all "internet communication identifiers" to law enforcement (the Disclosure Requirement). See Conn. Gen. Stat. §54-250 et seq.
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