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New Jersey Judge Shields Anonymous Blogger
netbuzz brings us an update to a case we discussed earlier this month: "In a widely watched free-speech case, a New Jersey judge has upheld a blogger's right to criticize county officials anonymously. The contention of those officials was that the blogger is actually a former mayor/attorney being sued by the local government for malpractice. This comes less than a month after the Electronic Frontier Foundation began their legal efforts to shield the blogger, claiming that the subpoena for Google to release his identity was 'part of an unrelated and unauthorized campaign to embarrass or otherwise outmaneuver the Defendant.' Score one for the First Amendment."
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." I believe you are explicitly incorrect. The first amendment clearly says that no law may be passed abridging freedom of speech. Abridging is an interesting word. I like to think of it as very similar to encroaching. The word implies a "complete" right, absolute freedom of speech. No law of Congress (what about states?, by implication they also cannot infringe the national constitution) can impair that right. So if it is a complete right, it is everything you can imagine. And you should! So if you speak anonymously, do not ask if the Constitution gives you that right. It does. Any law that forces you to identify yourself in relation to your speech, if you have chosen to speak anonymously, is inherently un-constitutional. This does not say that you are not responsible for covering your own tracks. This does not say it is unlawful to try to find out who said something. You are responsible for defending your own anonymity by your own definition of "best practice". Free speech is wonderful, complicated, and sometimes sucky (when it is millions of dollars of swift-boat drivel hitting your frontal lobe for example). When you are being assaulted by K-Street's version of free speech, say a little mantra to yourself, thank the framers that even idiots and assholes are consecrated in the First Amendment.