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NJ Blogger Fights for Anonymous Free Speech

Posted by ScuttleMonkey on from the let's-out-people-in-witsec-next dept.

Ponca City, We Love You writes "A New Jersey blogger is fighting for his right to blog anonymously and the Electronic Frontier Foundation (EFF) has asked a Superior Court judge in New Jersey to preserve the blogger's free speech rights as he faces legal threats from local government officials. On June 13, 2007, the New Jersey Township of Manalapan filed a malpractice suit against its former attorney Stuart Moskovitz, alleging misconduct regarding the Township's purchase of polluted land in 2005. The decision to file suit was met by a lively debate in the regional press and among local bloggers. One blogger who was particularly critical of the Township was datruthsquad. Attorneys for the Township issued a subpoena to Google demanding that the identity of this anonymous critic be turned over, along with datruthsquad's contact information, blog drafts, e-mails, and 'any and all information related to the blog.' Despite repeated requests from EFF to explain how this could be anything other than an attempt to out a vocal critic, attorneys for the Township have refused to withdraw the subpoena and informed EFF that it can go to court to object to the subpoena. In a motion to quash the subpoena, EFF has asked the court to block the township [PDF] in its attempt to uncover the identity of 'daTruthSquad' and allow the blogger to continue to write about this or any other issue without being forced to identity him or herself."

5 of 406 comments (clear)

  1. This one matters... by CodeShark · · Score: 5, Insightful
    To the extent that "all government is local", this is a very important case, because while Uncle Sam may be great big and far away, if you are in a small city or town and are critical and can be outed via a simple subpoena, then what's to stop the local city or town government from instructing the local chief of police to make sure you get more than your fair share of traffic tickets, building inspectors from condemning your home, power co. operators from playing with the juice, in short any or all other governmental or quasi-governmental person who stands to benefit from a critic being silenced from engaging in a pattern of harassment, deception, etc.?


    That said, with both the EFF and Google being against the subpoena, I don't really think that this stands a snowflake's chance in hell of surviving the legal challenges. And if the Superior Court judge gets it wrong, I would still see this going all the way to SCOTUS for resolution before the blogger would be outed.

    --
    ...Open Source isn't the only answer -- but it's almost always a better value than the alternatives...
  2. Re:You are free to say anything you want by Beavertank · · Score: 5, Insightful

    Ok, but before you get to dig through all of my personal information and destroy my anonymity you have to prove libel occurred.

    Were the things I said injurious to the character and reputation of a person/organization? Were the things I said untrue?

    If the answer to either of those is no you can take your accountability and go straight to hell.

  3. Re:Can you feel it? by tjstork · · Score: 5, Insightful

    maybe nothing against anonymity, but it could be closely related to search and seizure of "digital papers"

    You read the B of R the wrong way. The government can't go after you because the Constitution doesn't give it the power to search digital works. The BoR only is examples of your rights, not a sole enumeration of them.

    --
    This is my sig.
  4. The Constitution describes GOVERNMENT's power. by khasim · · Score: 5, Insightful

    What freedoms are lost? I've scoured the Constitution and Right to Anonymity is not listed there.

    Here's a free clue.

    The Constitution is not about listing the "Freedoms" a citizen has.

    The People have ALL the Freedoms. Inherently.

    The Constitution defines under what conditions the government can infringe upon those Freedoms.

    You have it 180 degrees BACKWARDS.
  5. Re:Can you feel it? by Grandiloquence · · Score: 5, Insightful

    Specifically, they would have said:

    "If ye love wealth greater than liberty, the tranquility of servitude greater than the animating contest for freedom, go home from us in peace. We seek not your counsel, nor your arms. Crouch down and lick the hand that feeds you; May your chains set lightly upon you, and may posterity forget that ye were our countrymen." -- Samuel Adams