Kentucky Attorney General's Office Defends Law Protecting Children from Sex Offenders at Federal Appeals Court

FRANKFORT, Ky. (May 1, 2025) – Attorney General Russell Coleman is continuing to defend the constitutionality of a Kentucky law that requires registered child sex offenders to use their full name on social media. The Attorney General’s Principal Deputy Solicitor General Jack Heyburn presented the Commonwealth’s case before the U.S. Court of Appeals for the Sixth Circuit today.

In 2024, the General Assembly unanimously passed SB 249, sponsored by Sen. Lindsey Tichenor, (R-Smithfield). An anonymous registered sex offender challenged the law and asked the federal court to prevent Daviess County Attorney John Burlew from enforcing it.  

In a brief filed last year before the U.S. Court of Appeals for the Sixth Circuit, General Coleman asked the court to lift a lower court’s ruling and to allow the law to take full effect.  On Wednesday, the Attorney General’s Office argued that the law complies with the First Amendment and is a reasonable safeguard to protect Kentucky’s children from online predators.

“As Attorney General, and a father, I will not tolerate those who target our most vulnerable. We must be on constant guard against predators who seek to exploit Kentucky children online,” said Attorney General Coleman. “We are proud to stand shoulder-to-shoulder with the General Assembly, including my own Senator Lindsey Tichenor, to keep Kentucky’s parents informed about who is contacting our kids.”

“The requirement for offenders on the sex offender registry to use their legal name on social media platforms is an effort to both deter offenders from preying on children on online platforms and adds transparency to ensure added protection for children across Kentucky. I was encouraged by the bipartisan support and unanimous passage of this important piece of legislation,” said Senator Tichenor. “We’re grateful for Attorney General Russell Coleman’s continued efforts to protect Kentucky kids.”

“The law that is being challenged obtained overwhelming bipartisan support in our state legislature and then was subsequently passed into law by the Governor. It's a common-sense law aimed at preventing sexual predators from targeting individuals on social media by using fake or anonymous names,” said Daviess County Attorney Burlew. “I am thankful and honored to have the Kentucky Attorney General's Office represent our side of the case in this important matter - and we look forward to the appellate court's ruling.” 

The appeal was argued before three appellate judges, who now have the matter under consideration.

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