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A.A. EX REL. M.M. v. NEW JERSEY

Nos. 01-4363, 01-4471.

341 F.3d 206 (2003)

A. A.; A. B.; A. C., (a minor by M.M. his natural parent); A. D.; A. E.; A. F.; A. G., (all fictitious initials), individually and as representatives of a class, pursuant to Fed. R. Civ. 23(a) and 23(b)(2) v. The State of NEW JERSEY; James McGreevey, in his official capacity as Governor of the State of New Jersey; Attorney General of the State of New Jersey, Peter C. Harvey, in his official capacity; Joseph R. Fuentes, in his official capacity as Superintendent of New Jersey State Police A. A., A. B., A. C., A. D., A. E., A. F., A. G., Appellants A. A.; A. B.; A. C., (a minor by M.M. his natural parent); A. D.; A. E.; A. F.; A. G., (all fictitious initials), individually and as representatives of a class, pursuant to Fed. R. Civ. 23(a) and 23(b)(2) v. The State of New Jersey; James McGreevey, in his official capacity as Governor of the State of New Jersey; Attorney General of the State of New Jersey, Peter C. Harvey, in his official capacity; Joseph R. Fuentes, in his official capacity as Superintendent of New Jersey State Police The State of New Jersey, James E. McGreevey, Peter C. Harvey and Joseph R. Fuentes, Appellants.

United States Court of Appeals, Third Circuit.

Opinion Filed August 18, 2003.

Attorney(s) appearing for the Case

Peter A. Garcia, Acting Public Defender New Jersey, Michael Z. Buncher, Brian Neff, Office of Public Defender, Trenton, NJ, Edward L. Barocas (Argued), American Civil Liberties Union of New Jersey Foundation, Newark, NJ, Lawrence S. Lustberg, Jessica A. Roth, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, New York, NY, for Appellants in No. 01-4363 and Appellees in No. 01-4471.

Peter C. Harvey, Attorney General of New Jersey (acting), David Samson, Attorney General of New Jersey, Nancy Kaplen, Assistant Attorney General of Counsel, B. Stephan Finkel (Argued), Assistant Attorney General, Rhonda S. Berliner-Gold, Deputy Attorney General, Victoria L. Kuhn, Deputy Attorney General on the Brief, Office of Attorney General of New Jersey, Department of Law & Public Safety, Trenton, NJ, for Appellants in No. 01-4471 and Appellees in No. 01-4363.

Before SLOVITER, RENDELL, Circuit Judges, and McCLURE, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

INTRODUCTION

This appeal presents us with the latest in a long string of challenges to New Jersey's Megan's Law. This time, we consider privacy claims as to the newest addition to the existing statutory regime — the creation of a public internet registry posting personal information about convicted sex offenders.

In 1994, seven year old Megan Kanka was abducted, raped, and...

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