Among the beliefs Americans hold most dear is that they have never been required to carry government-issued personal identification documents. The belief, however, is incorrect. Over time, select subpopulations have in fact been required to carry documents, including free-born and emancipated African Americans until after the Civil War. This article examines the targeting of yet another sub-population: individuals convicted of sex offenses.

Today, several states require that convicted sex offenders obtain and carry identification cards or driver’s licenses declaring their status. Often, the branding is overt, such as a stamp of “SEXUAL PREDATOR” in brightly colored lettering. At other times, it is more subtle, such as use of a “U,” denoting “Sexual Deviant” status. The documents must be produced to police upon demand, under threat of punishment, as well as when requested by myriad individuals in daily life, such as bank tellers and pharmacy staff. The federal government, for its part, requires that
passports display a “unique identifier” stamped in a “conspicuous location,” which must be shown to airport and customs officials, as well as to various individuals during transactions when traveling abroad.

To date, the few courts addressing challenges have condoned branding in principle, yet required less graphic signifiers, based on First Amendment government-compelled speech grounds. While important, the decisions have failed to address other constitutional concerns, such as the right of free association. Even more important, the decisions have ignored the many troubling ramifications of governments forcing individuals to self-stigmatize and facilitate their own surveillance, perhaps for their lifetimes, which the article illuminates.