Daviess County Attorney Burlew being sued by John Doe sex offender

OWENSBORO, Ky. (WEHT) — Daviess County Attorney John Burlew is being sued by an anonymous sex offender concerning constitutional rights. The John Doe is arguing that a law requiring all sex offenders to list their full name of social media accounts limits freedom of speech.

When Daviess County Attorney John Burlew assumed the role at the start of 2023, he says didn’t expect he would be getting sued and have to represent all county attorneys in the state of Kentucky a little over a year later.

Senate Bill 249 was signed by Governor Beshear on July 15. It states that all sex offenders are required to display their full legal name on all social media accounts they have access to.

“The Kentucky Attorney General Office is representing me. I asked them to do that once I forwarded the lawsuit to them… The lawsuit is just versus John Burlew, as it stands in my official capacity. There is law that says even though he hasn’t certified the whole class, all county attorneys are disallowed from implementing or executing this law in the state of Kentucky,” says Attorney Burlew.

Burlew says he and the attorney general office plan to file an appeal on behalf of Kentucky’s over 100 county attorneys.

The registered sex offender responsible for the lawsuit is listed as a John Doe.

Officials say they don’t anticipate ever knowing his identity. The person argues the bill goes against citizens first amendment rights of freedom of speech and could be more specific to those still serving a sentence.

John Doe is represented by Washington D.C. attorney Guy Hamilton-Smith.

“It’s really just about ensuring that the constitutional rights of all Kentucky citizens are respected and are protected…that includes Kentucky citizens who are unpopular. [It also] includes Kentucky citizens who have committed crimes and who have served their time for those crimes,” says Attorney Hamilton-Smith.

Attorney Burlew says he has a hard time understanding why a registered sex offender would want to use a fake name on social platforms.

“Research shows is that 96% of all online crimes against minors. For example, are committed by people who aren’t on the registry who don’t have a past record of committing crimes. I think at best laws like this are ineffective. At worst, they can potentially create a false sense of security,” says Attorney Hamilton-Smith.

Attorney Burlew says there’s a strong government interest in protecting the children.

“Convicted felons lose some of their rights. They give up some of their rights when they commit crimes. For instance, Mr. John Doe…I’m sure has no second amendment rights. Felons aren’t supposed to be in possession of firearms. In my opinion, giving up your rights to use a fake name on social media is is justified,” says Attorney Burlew.

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