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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."
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...
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.
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.
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.
EFF Twists Truth?
David Weeks, an attorney representing Manalapan, says the foundation is twisting a routine legal request in a local lawsuit into a First Amendment case.
"We're not asking to interfere with anyone's right to speak," Weeks said.
Instead, Manalapan's attorneys are simply asking Google to establish whether Moskovitz was telling the truth when he denied he was the blogger in court papers related to the land deal lawsuit.
"I don't know one way or the other if it's him," Weeks said. "It could be him."
So, some facts:
a) The guy getting sued is being sued because he didn't file EPA paperwork on a land deal. In NJ, that's pretty dumb, so he could be guilty of malpractice.
b) The guy getting sued is actually the former mayor of the same county that is suing him.
c) Yes, NJ is crooked.
However, with that said, if DaTruthSquad is the former mayor, and he is posting on about stuff, he could be violating various other things, compromising a sealed case, who knows, and therefor, the government -does- have an interest in knowing if it is him.
Note that the point is, Google isn't getting sued to see -who- DaTruthSquad is. Google is getting sued to reveal if the guy is the former mayor. Not to say that everyone is angelic, but, in all probability, DaTruthSquad is probably a crook himself.
As Bob Dylan wrote: "In Jersey everything's legal, as long as you don't get caught."
This is my sig.
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
I'm not so sure. I think I could be persuaded to interpret that literally.