Mandatory curfew, electronic monitoring and other pretrial conditions for defendants indicted on child pornography offenses are unconstitutional, a federal magistrate judge has ruled. Southern District of New York Magistrate Judge James Francis said portions of amendments to the Bail Reform Act of 1984 promulgated by the 2006 Adam Walsh Child Protection and Safety Act violate the due process clause of the Fifth Amendment because they impose automatic restrictions on fundamental rights.
Mandatory Restrictions Ruled Invalid in Porn Case
New York Law Journal
January 12, 2009