A convicted sex offender fighting the state over his Internet screen names has won the right to remain anonymous.

The man, known only in court documents as "John Doe," sued the state over a requirement on Utah's sex offender registry that he provide the Utah Department of Corrections with his e-mail addresses, screen names and passwords used to access Web sites.

"Although Mr. Doe is a sex offender, he has not forfeited his First Amendment rights, including his right to anonymous online speech," U.S. District Judge Tena Campbell wrote in a 16-page opinion released Sept. 25.

John Doe is not on probation or parole. He was convicted of sex offenses involving a minor in the military court system, served 13 months of an 18-month sentence and was released. When he moved to Utah, he was required to register with corrections officials and be placed on the sex offender database.

He sued the Utah attorney general, the director of the Utah Department of Corrections and every prosecutor and every sheriff in the state, arguing that requiring him to disclose his online identities, Web sites and passwords violates his right to free speech.

In a court hearing, the state agreed to an injunction prohibiting it from getting Web site passwords from convicted sex offenders until next year. However, the state still requires sex offenders to give up their Internet screen names and Web sites where they use those names.

In her ruling, Campbell acknowledged navigating untested legal waters. She said anonymous speech is a protected constitutional right. The state contends that because he is a sex offender, John Doe relinquished his rights in that regard.

"Defendants (the state) do not cite any authority, however, supporting the proposition that a sex offender who has completed his prison term and is not on parole or probation gives up First Amendment rights," Campbell wrote.

The judge agreed that giving police online information on sex offenders may discourage them from using the Internet to commit crimes but questioned how that information is disseminated. The registry statute implicates protected speech and criminal activity alike, she wrote, adding that if authorities want to learn the identity of someone online, they can seek an investigative subpoena.

The decision could set a precedent for the thousands of sex offenders on the state's registry. State authorities had not yet decided if they would appeal the ruling.

"It is under review," said Scott Troxel, a spokesman for Utah Attorney General Mark Shurtleff.

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