NJ Blogger Fights for Anonymous Free Speech

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."

Comments

Can you feel it?

[scubamage]

First they can bully their way through to getting a critics name. Next they won't have to bully because it'll become common practice. Its sad... can anyone else feel it? One by one our freedoms are being taken away, and the majority of the American populace is too busy watching who is going to be the next American Idol or seeing who is Dancing with the Stars to give two shits. Its pathetic. This apathy and ignorance is probobly the biggest slap to the face to the founders of this country, even moreso than the current administrations' abuses of the constitution. If there are any fine, foxy Canadian ladies out there interested in adopting a cynical geek from the states, send me a PM, I can't stand living here anymore.

Re:Can you feel it?

[Torodung]

This apathy and ignorance is probably the biggest slap to the face to the founders of this country, even moreso than the current administrations' abuses of the constitution. Yup. And any time we "refuse to discuss politics because it's stupid or biased or subjective," or claim that "all politicians are crooks," "nothing is done right in Washington" we add to that apathy, and turn more fully towards a self-fulfilling prophecy.

Everyone telling you that any whole party in Washington is a cadre of crooks is, in fact, a crook trying to get you to surrender your political power. There are a few crooks, quite a few, but on the whole, many more of them do just as we ask them to, and their best despite that. We have the government that meets our superficial apathetic attitudes towards all things political.

(*gets on soapbox*)

My fellow Americans, do what you do best. Follow the money. There's several trillion dollars per annum tied up in politics, and all that money equals vast power. If we want our country back, we need to put politics back on the table, and drop this 1960's attitude that politics are for weenies and crooks. Politics are important and it is our civic duty to discuss the "State of the Union." All the corporations with lobbyists at Washington know this. We don't bother, because discussions about politics are "unsavory" and politicians are "worthless."

The hippies were wrong. All the governments they formed have faded, or been incorporated. This huge government is still getting larger, and it is critical that its people demand its service.

Sure, we might get into fist fights over it at a party, but everyone needs to put politics back on the table. Now. Fist fights be damned.

--
Toro

Re:Can you feel it?

[Achromatic1978]

Okay, I could easily pay off $30-$50k within 1 year of graduation if I needed to as that is (more or less) how much I put into saving within one year of graduation.

What's amusing is that you honestly appear to think you're not an edge case, and that most graduates should be able to put aside $50,000 a year in savings. Apparently you believe that across the board, given a roughly twenty per cent tax rate, that the average wage of a college graduate is bearing in on $100,000.

Wow.

Really?

Let's take a wee peek at MIT. Hardly a bottom of the barrel college, and bear in mind they only offer figures from 2003-2005. In 2003, of 115 four year graduates surveyed, not one made more than $94,000. The median was $54,000. 2004, still, no-one had topped a $100,000 salary, though the median climbed slightly. In 2005 a MIT graduate could expect to make $59,000 their first year out of college.

And yet here you are, lambasting people for not being able to save $50,000 their first year out of college? I'm impressed.

That was dumb...

[Penguinisto]

While agree with the EFF's premise (in that someone shouldn't be forced into identifying him/herself just because they've been vocal about a public issue), I have to wonder... WTF would the township do with the info?

Sure, if the blogger turns out to be a public employee of said township, he/she would prolly be fired. Then again, the nanosecond after they did such a thing, esp. after outing him/her in such a public manner, would likely put themselves at substantial legal risk.

But the main point for the township being stupid by doing it is this: what was once a thing that could be scoffed at as 'some guy on the Internet who knows nothing about this'... now has credence, credibility, and a firm aura of truth; all of which has now been granted to him/her/it by the township's idiot legal team.

Personally, if Congress wants to do something useful (well...), they could work on something legislative-like that would prevent government-as-plaintiff in a civil suit from ever being allowed to out any anonymous posting, publication, or what-have-you.

Man - some people just can't grok the concept of not using every tool they have for a difficult problem, simply because they're all there and sitting in the toolbox.

/P

Re:That was dumb...

[Maxo-Texas]

You are probably breaking three or four laws right now and you do not even know it.

The township can make the guy's life hell-- can make his friend's lives hell so he loses his friends (assuming it is a guy).

Ben Franklin would have been outed very early in his career under this standard.

invasive and non-invasive postings

[Grampaw Willie]

Blogging, and writing web pages are non-invasive: I am not going to receive the material unless I search for it and select it. Non-invasive postings are like a newspaper in that respect. If I don't like your newspaper I don't subscribe and after that if you continue to drop it off on me that is littering. anonymous non-invasive postings are fine eMails, phone calls, FAXs, and executable codes are INVASIVE. If you bust through my door without identifying yourself and stating your business I like to put a boot in the seat of your pants. we have already won on FAXs and on Caller-ID. Next will be eMails and executable codes. NO SIGNATURE? NO EXECUTE.

Does Anonymity create more or less truth?

[olddotter]

Ok maybe this is an tangential question to the subject. But I'm wondering does the ability to post anonymously create more truthful revelation because people are not afraid of retribution? Or does it create more bogus BS because people know they can't be held accountable?

Re:You are free to say anything you want

[djasbestos]

Indeed...I don't think it should be considered a tort if Lewis Black calls George Bush an asshole.

And datruthsquad doesn't seem at all libelous or slanderous (from what I read on his blog), so it sounds like a vindictive city council. Which, needless to say, is bullshit.