Austin Police Want Identities of Online Critics
An anonymous reader writes "The police chief in Austin, TX is not happy that people are voicing their disapproval of him via anonymous blog posts and comments. He claims that 'such posts erode public trust in the department.' The chief wants to find out who these people are and investigate and prosecute such posters for statements he deems defamatory and libelous. Interestingly, the article notes, 'the Associated Press has reported that most of the cases fail because statements of opinion are protected under the First Amendment.' One wonders if this is a legitimate problem that warrants public money to investigate, or whether it's that the people who deserve the most public scrutiny don't like it when others take issue with their job performance."
That police chief in Austin, Texas? - He's a Jerk. So sue me!
but the problem is not the one the police chief is making it out to be.
The problem is that it is utter waste-of-space career political figures such as him don't like criticism. There are laws and processes he can follow to make a case for someone's identity - if he can show reasonable grounds that they have committed libel or deliberate defamation.
He says, "There ought to be a law against people saying nasty things about me."
I say, "Get lost you ignorant pigfucker. Don't go into politics if you can't stand being publicly criticised. Oh, and expect to have to pay for legal advice before you make yourself look like a rube hick crying to the press about what your critics say."
Honestly. If they're not litigious bastards, they want the laws changed or fabricated out of fictional whole-cloth to engineer the political landscape most suited to their aims. Constitutional protections are just an inconvenience.
Where's the Kaboom?
There's supposed to be an Earth-shattering Kaboom.
There are people like this everywhere. As long as there are police upholding the law, there will be police trying to abuse it, and it would appear no one ever really does anything. Maybe the citizens of that city will get lucky and the mayor will come down and tell him to knock it off if for nothing else other than the fact that he's wasting money. It's been proven that if eroding our civil liberties won't get a politician's attention, money will. That being said, I wish someone on one of those damn news networks calling each other UnAnmerican(tm) about this or that would come together and agree that things like THIS are un-American...but there I go again...being an idealist. *sigh*
"Those who would sacrifice essential liberties for a little temporary safety deserve neither liberty nor safety." - BenF
People are posting anonymously because they have no trust in the police.
I want to delete my account but Slashdot doesn't allow it.
From TFA:
The main issue here doesn't seem to be people posting "cops suck!", which is of course protected speech, but rather low-grade identity theft.
Tom Swiss | the infamous tms | my blog
You cannot wash away blood with blood
Ummm,,,,public trust has to be earned too. Acting like a f***ing crybaby won't help.
This article appearing on slashdot with user comments is a double-edged kick me sign - for those who post against the chief and for the chief himself.
Analytic & algebraic topology of locally Euclidean meterization of infinitely differentiable Riemmanian manifold
So a bunch of people who don't like the way the police department is being run post anonymously what they don't like (i.e. "The Chief blows goats"). While this may not be particularly constructive, what kind of message do you send by "out-ing" these posters publicly? You basically give the dissenters a Streisand effect, and prove that you actually do, in fact, blow goats -- thereby increasing the pool of dissenters.
Maybe if this guy wants to be respected, he should start acting respectably.
politicians are like babies' nappies: they should both be changed regularly and for the same reasons
A police chief who wants to use the law to shut up those who criticize him. If this doesn't ring "police-state" alarm bells then I don't know what will. This chief should go.
Yeah, I'm pretty sure the ship has sailed on that one.
You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
----
He claims that 'such posts erode public trust in the department.'
----
Perhaps the variety of bullshit crap they pull has eroded the public trust in the department. Many of the police in the jurisdictions around Austin end up on the poop list of most of the civil rights organizations for a reason.
The most recent story I recall had one of the news stations showing a ton of cops rolling through red lights over a 24 hour period (think one light had 13-15 cops run the light). None were responding to a call and only a handful actually flashed their lights. In any event, when not responding to a call they are forbidden to do what they did. Acevedo basically said he wasn't going to discipline anyone over it and the public should not worry about it since cops have a rough job.
Crap like this is what leads to the comments he doesn't like and rightfully so. If he quits acting like a tool maybe some of this will decrease.
If you read the article, it says something about them thinking some of it is departmental employees. It sounds more like they are on a witch hunt than any real "eroding of public confidence" claim.
Learn the difference or keep your mouth shut.
I piss off bigots.
Libelous speech is not protected speech. Never has been, never will. It matters not that the speech is online and was intended to be anonymous.
If a post consists of "Austin cops suck!", it is obviously a protected matter of opinion.
"Austin cops' mothers were hamsters and their fathers smelled of elderberries!": Obviously an exaggeration and/or satirical, and is protected via Flynt v. Falwell.
"Austin cops routinely have orgies in the backroom with arrested hookers!": Libelous (if not true) and not protected in any sense of the word. Unleash those subpeonas!
Just sayin' that this isn't necessarily bogus, and depends on the posts in question.
SirWired
If you RTFA (I know, I know) he isn't saying he's going after everyone who posts negative stuff. He's saying he's going after people who pretend to be police officers or officials while posting and people who post libelous material.
All that said, the citizens of Austin should band together and get this idiot fired. This kind of ridiculous type of activity against citizens is an abuse of power if not is the legal meaning of that phrase then in the spirit of it. We shouldn't have to put up with public officials who when their feelings are hurt lash out using their offices and positions to punish critics, even the ridiculous ones. If the police chief wants to sue them in civil court with his own money and lawyers he should go right ahead. If he wants to hunt them with public resources he should be run out of town. GO DO YOUR JOB!!! and stop worrying about who is saying mean things in the school yard, sir.
FTFA:
I'm thinking this means he has a grasp of the concept...
Log in or piss off.
Did anyone else see the enlarge photo tag under Avecedo's picture and think "Ewwwww!"?
Every mans' island needs an ocean; choose your ocean carefully.
Mayor Lee Leffingwell and the entire city council are Democrats. Austin's chief of police is appointed by the city council......if they don't agree with his actions, they can dismiss him.
http://www.ci.austin.tx.us/council/default.htm
http://www.citizinemag.com/features/commentary/27-public-forum-to-debate-controversial-blood-withdrawal-policy-on-dui-suspects.html
"The average reporter we talk to is 27 years old......They literally know nothing." - Ben Rhodes
I don't know enough about the facts to really care but the comments on the article
http://www.statesman.com/news/content/news/stories/local/2009/09/18/0918comments.html
are pretty fascinating. They're a fairly good reflection of the current mentality that "things I don't like = communism/fascism/scary thing".
Perhaps this is not as justified as the chief wants it to be. He and his subordinates are public servants, and should be held accountable. If the police are creating reason(s) for the public to distrust them, why should the public trust them?
What the chief is really saying: "I am a douchebag who thinks my position automatically entitles me to trust and respect."
Actually, the police chief wanting to out A/C's who don't like him is eroding public confidence.
I come here for the love
Let's see, people post on line anonymously, claiming to be police officers, and reporting various abuses.
The police chief "thinks some could be department employees" - translation, he thinks that they are police officers, or, at least, office employees. Implication - either they are telling the truth, or for some other reason hate his guts.
"Acevedo said he and other officers in recent months have faced allegations of sexual impropriety and suggestions that they engaged in quid pro quo behavior."
Translation : he is being accused of having sex with hookers, and letting them go free in return.
As I see it, accusing someone anonymously of these things is whistleblowing. It should be investigated, but by a third party. As it stands, it appears that the police chief is merely trying to find a legal means of finding and punishing whistleblowers. (Any trial would likely amount to the whistleblower saying, "I saw you and X, Y and Z doing this" and the police chief saying "No,you are lying, and here are officers X, Y and Z all willing to testify that you are lying, too." Good luck to the whistleblower on winning that one.)
Now, in a reasonable legal system, this would result in a special prosecutor being appointed. Pardon me for doubting that this will occur in Texas. I would be glad to be proved wrong.
Acevedo said he does not object to blogs critical of APD or himself--as long as they are based on factual and truthful information. " :) .. he's going to be criticised a hundred times more just for being :)
Does it mean that the Sheriff will always gave/give/will give factual and truthfull information ?
Call me a cynical . i think NOT , he's already knee deep caught in the mud he's moving around himself
Note : After him coming out like this
a cry baby
Yeah, and who decides if people are posting lies?
We live in Austin, and my 22 year old daughter was studying for her college finals, in her own duplex, and got into an argument with her boy friend. Irrationally, she called the cops, and the boy friend left.
The cops come, demand to come to look for the boy friend. She refuses, and they end up tasering her twice, arresting her for obstructing an officer in his duty and resisting arrest.
This because, when they entered her home without a warrant, they refused to let her secure her great dane and she was beside herself that they would shoot the dog (which doesn't like anyone in a uniform). Luckily, the dog did nothing.
Then for her safety, they released her at 4:30 am in downtown Austin barefoot with no ability to call anyone (you can only make collect calls to land lines, and none of her friends, nor myself, or anyone local she knows has a land line anymore). So I get a call at 5:15 when she borrows a cell phone from a construction worker.
Perhaps these are the kinds of "lies" the Austin police doesn't like posting. Personally, I wish they were lies. Just like the Grandmother that they tased on hyw 71, there are times when people act like idiots, angry and irrational. But in these situations, it is the POLICE that are supposed to act like trained professionals. If they are not in danger from a person who physically cannot harm them (a 70 year old grandmother, or a 22 year old girl screaming "don't shoot my dog!"), then they have no reason to taser some one. They are going to kill someone, and there isn't any reason for it.
Oh, I'd post the Police video from my daughter's encounter with the cops. BUT it seems they "lost" it.
Right.
In Soviet Russia, police criticize citizens in the media.
echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
Possibly the chief is doing this "to protect his men" and improve dept "morale" and "efficiency". However, that is corrupt -- he is sworn to protect the public, not his men. And the Texas and US Constitutions, not "efficiency". The simple fact is the Constitutions are designed to limit police efficiency to reduce inhibition and promote happiness.
Given the rather extraordinary police powers and discretion, perhaps the public should have absolute privilige with respect to criticism. Zero liability for libel and slander. Or at least and entraordinarily high standard of proof even to start a case. Someone needs to watch the watchers.
Freedom of Speech!
http://www.techdirt.com/articles/20090429/0244064692.shtml
It's as though these people think they cannot be criticized by average people, just by the media.
But from the article:
They have since researched their legal options and decided that from now on, they might launch formal investigations into such posts, Acevedo said. He said investigators might seek search warrants or subpoenas from judges to learn the identities of the authors -- he thinks some could be department employees -- and possibly sue them for libel or file charges if investigators think a crime was committed.
"A lot of my people feel it is time to take these people on," Acevedo said. "They understand the damage to the organization, and quite frankly, when people are willfully misleading and lying, they are pretty much cowards anyway because they are doing so under the cloak of anonymity."
Assuming the comments in the first paragraph are accurately paraphrased, the Chief certainly seems to be using the threat of legal action to quiet people who are making negative comments.
/. :-), the whole thing seems more directed at his own department: he keeps mentioning department employees, and the article has a couple of mentions of regulations about posting on social networking sites. That would explain why he wants to learn identities, then possibly file charges.
Reading between the lines (the whole purpose of
The Austin PD must be a really happy organization!
"According to police policy, employees are barred from criticizing or ridiculing the department" -- This needs to be changed, anyone in voting range should call state/city legistrators.
WTF Slashdot, why do I have to login 50 times to post?
. . . although a moderate. I guess in Texas that qualifies as a "OMG Flaming Lib'rul."
The way I see it is that police don't have anyone looking over their shoulder. Online comments may keep him in check. He must be a real idiot to stir this pot, which will only bring him more criticism.
So, where can we post?
What use is this story unless we can all enjoy the Texas tough guys coming after us!
How does he know they're libelous posters? They might just be cops who otherwise might end up dead if discovered. Saying they're libelous doesn't make it so, just an excuse to roll back criticism protections. If the chief wants to deal with critics just increase accountability and make public all department financial and operational data and really advertise it. If he's got nothing to hide and as a public official he shouldn't, otherwise, he shouldn't be there. There's nothing criminal about stating an incorrect opinion or impersonating in public, just actionable on a civil level. If it were criminal, advertisers/marketers would be jailed for life, politicians/religious leaders would be on death row, and all potential lawyers/businesspeople would be executed instantly.
It's your fault if you accept unverified information. The only way to really fight without violating various legally accepted rights is to put out as much verified information as possible.
Its admirable that this police chief has eliminate all drug trafficking in Austin and put an end to all violent crime thus having the time to spend reading online forums.
PS I saw him rape a busload of underage retarded nuns while high on crack the other day.
Any opinion is protected by the first amendment.
If the police are trying to silence opinion, that's all the more reason for allowing it.
These tactics are applied in Iran and North Korea. And now, apparently Austin, TX.
They're using their grammar skills there.
The law of defamation varies from state to state in the USA, and is spelled out in the statutes; these are then interpreted by the courts, and the outcomes of lawsuits set precedents.
The Constitution states that all rights not granted to federal government are reserved to the states or to the people, which includes the right to be free from defamation. Different states protect that right in different ways. The Constitution does NOT "force us to accept criticism." It protects freedom of speech in a variety of circumstances, but the courts have long since held that this does not include sanctioning defamation.
Also, the law is different all over Europe, as you really ought to know.
I piss off bigots.
How does he know they're libelous posters?
Umm, by proving the information posted is factually wrong? Don't get me wrong, as far as I can assess from the write-up the guy is a dick, but the first point to assess is if the information in question is justified criticism or plain lies - that someone doesn't like the guy doesn't automatically allow them to defame him, and I would support an effort to go after those people.
However, if the information is factually accurate, just not terribly good for the guy, tough luck. Any decent court (OK, nebulous concept) ought to reject stuff like this post Bush with the remark that he'll have to prove the information to be false. That's in principle a bit unfair (as he's guilty until he proves his innocence) but the one way NOT to address is by bullying. That has a tendency to turn into the Streisand effect..
Insert
Prefacing a statement of fact with the words "in my opinion" is not a "get out of libel free" card.
Saying something highly illegal happens in the backroom of the Austin PD is not a statement of opinion at all (it's a statement of fact), and saying it an opinion does not make it so. If you have no reasonable basis for making the statement (and this is a pretty loose standard), and it is not true, then it is libel. If you DO have a reasonable basis, then it is "reporting", and you have 1st amendment protection.
SirWired
Here in Providence, RI our police chief Col. Dean Esserman is known by the moniker "Chief Shiny Badge". I'd say it's an accurate assessment, his rank and file even had a full no confidence vote against the chief a bit over a year ago.
And who coined the "Chief Shiny Badge" name? Convicted former Mayor Vincent "Buddy" Cianci. Cianci also calls current mayor David Cicilline "Little Napoleon" on Cianci's radio show.
The Austin chief needs to grow a thicker skin.
Yes, but check what he said about Christianity in private: http://en.wikipedia.org/wiki/Adolf_Hitler's_religious_beliefs#Private_statements
It is clear from this that his public praise of Christianity was for the consumption of people whose support he desired, but that he did not agree with the sentiments expressed.
The truth is that all men having power ought to be mistrusted. James Madison
No, calling a public figure a pigfucker isn't libel.
It's a generic pejorative term indicating derision, rather than a statement of fact.
It's the same as calling someone a motherfucker.
The label doesn't actually indicate a statement of fact that the target has engaged in intercourse with his mother.
Nor does calling someone as asshole indicate a statement that they are actually a walking talking sphincter disguised as a human.
These are all simply forceful statements of opinion of the "I don't like him" variety.
As such, they are protected speech.
It's not anonymous commenters criticising the police. The summary suggests that's the problem, but the subheading says
So it's actually people pretending to be officials. Would you set up your Slashdot profile with your real name and links to your personal websites, and then give us the password? Misrepresenting yourself as another person is one thing, but this goes beyond.
A public official needs to be trusted, and people are misrepresenting the official in a public forum. This is no different from impersonating a police officer. I could pretend to be Acevedo and give a bogus opinion on some case, and it probably would be damaging. You show up in court with a URL that quotes Acevedo, and now the question is - should a reasonable person have been able to tell that the poster is not representing the police force?
Police Director Sues AOL For Critical Blogger's Name.
America has always been a place where you had to be careful about criticizing those in power.
During the revolution if you criticized the revolution you could expect anything from tar and feathering to your property taken through a letter of attainment.
After the constitution was implemented you had things like the Alien and Sedition acts.
During the civil war Lincoln had quite the secret police who totally disregarded the rights of dissenters.
During the first world war people were thrown in prison for protesting the draft (supreme court likened it to yelling fire in a theater)
Then you had the first red scare, the second world war, the second red scare where you got blacklisted for your believes, the reign of Hoover who had no respect for rights and so on.
https://en.wikipedia.org/wiki/Inverted_totalitarianism
Well he might get his way. The 1st Amendment is getting worn down these days. Down here in Florida a principal got put in jail for saying a prayer out loud during lunch. And a prayer is simply an expression of an opinion. It's not like he insulted another religion, or Atheism, or violated anyone's personal freedoms or beliefs. Apparently these days if you say something that offends someone, or they don't agree with you, you can get arrested for it.
...in McIntyre vs Ohio: anonymous speech is a Constitutional right. The Austin police chief is trying to break the Law -- in particular, to break the Supreme Law of the Land.
"My opinions are my own, and I've got *lots* of them!"
"My opinions are my own, and I've got *lots* of them!"
I have nothing but feelings of contempt and utter disrespect for the police chief of Austin, TX. I think he is dumb, and I heard that he pees his pants, when he isn't wearing a skirt. But I have done nothing illegal that should concern him, so he can suck it. We are entitled to free speech in the USA, which includes Texas, contrary to the belief of most Texans. He has no jurisdiction over protected speech, on the internet or elsewhere. Suck it, Chief. Did you stop beating your wife? Does she know about your male lover?
This is a hacked account, for which the owner can not be held responsible.
I'm an Austin resident. I don't have any direct involvement with the police except for the traffic enforcement people -- speeding, stop signs and state inspection stickers. If the Austin Police Chief wants to talk about eroding public trust, they need to collectively agree to follow all laws they plan to enforce. If they want to ticket for 40 in a 45 a block from my house, they damn well better keep it at 40 or under -- speeding by a park with kids at 50 is not acceptable. If they want to ticket for rolling stops, they damn well better actually stop at the stop signs.
And it would be nice if Austin Police would actually ticket the state police asshole who keeps cutting across 4 lanes of traffic from the far right side of Burnet to get onto MoPac in less than the 100 feet between the traffic light at Gracy Farms and the entrance ramp (ignoring the solid white stripes).
Instead, the city and state police and the county sheriffs in Austin make me feel like what the good Shephard Book said, "The government is a body of people usually notably ungoverned." There are many specific complaints I have, and can provide patrol car numbers and times; instead, I fear the departments are so corrupt I dare not tempt reprisal.
As with the majority of lawsuits that need to get the real identity of the poster, this one will not result in little to no legal battles. Generally the idea is to identify the people so that OTHER measures may be taken.
I'll leave it to your imagination on what Other Measures a Police Chief can use with relative immunity.
Ward
Ward
. Silence! Be thankful thy species is unpalatable! .
Hello. I'm actually the chief of the Austin police force, and I want to tell you that all of you here are next! And you'd better watch it, you don't want to have some "evidence" mysteriously appear in your trunk! You keep your mouths shut!
Would any reasonable person actually believe what I just said?
To fight the war on terror, stop being afraid.
I'm the police chief of Austin, Texas, and I'm a PC!
I can't believe Texans, of all people, would stand for such authoritarian officials.
Someone should remind Chief Acevedo (read: Premier Breznev) what the Second Amendment is for.
Knowing Google's lust for data collection, the Soviet Union is still alive and well inside the psyche of Sergey Brin....
So, pound sand, bucko! YOU were the one that wanted to be the big police cheese, and this is a fringe benefit that comes with the job!
Slashdotters in Austin: Join Your ACLU Chapter The Central Texas Chapter of the ACLU works with the police department to correct issues. I'm sure the chapter president there is already calling to express her objections.
Anyone seen my low uid? last seen 10 years ago while panning the #@$# out of Taco's 'web based discussion system'
Really, you should probably add that to the wikipedia entry. It makes a lot more sense
Of course they'll probably be anal about citations, so if you have any that would help too.
The Chief is trying to go after people who misrepresent themselves as APD officers and staff online. So this is either sets a whole new standard for failing to RTFA or a gross misunderstanding of the out of context quote:
The cloak of anonymity here is that people are claiming to be (sometimes specific) APD officers in online postings, but are not and are hiding behind the anonymity of the place where they make the postings. Poorly phrased and easily taken out of context, but not the the same as going after anonymous posters ragging on APD.
He doesn't need any help eroding the trust of his office. He's doing fine on his own.
Is the color scheme not arresting then?
what I find most scary about them trying identify people to prosecute them for speaking their opinions is that the police chief either doesnt understand about the first amendment (which is ridiculous for a police chief), so (worse) does understand it but thinks he can go around it.
He is a great guy, personally, and he is the best thing that ever happened to..where was it again? Oh yeah..., Austin Texas!.. OK, can I have my money now? ohh, and I was promised Cheesy Poofs! Where are my cheesy poofs?
"Computers are a lot like Air Conditioners" "They both work great until you start opening Windows"
Only he can, by his own actions, "erode public trust in the department".
GP is correct, though using the perjorative "bullshit" is probably unnecessary. ... ]
If you are an MP, speaking in a quorate debate in the House of Commons, the laws of libel, defamation etc simply do not apply. Similarly, the official gazette reporting such statements, "Hansard", is utterly immune from those laws when reporting such statements. So, if the Right Honourable Mr Chinley Toothsworth alleged "on the floor" that Obama buggered Dubya on the night of moving into the White House, and Hansard reported it with the editorial comment that Dubya enjoyed it more than Obama, then the only person in danger of a lawsuit is the editor, as he's the only one not protected by "Parliamentary Privilege".
[In self-protection I should say that it's fantastic to think that a closeted redneck moron is likely to enjoy being sodomised by anyone, let alone Obama ; this is clearly parody. Then again, having seen the closeted redneck morons in 'Deliverance'
I am not sure if full ParlyPrivilege also extends to breaking court orders to not publicly discuss certain matters (e.g., giving the names of terr'st suspects appealing against their house arrest) ; from occasional reporting of such threats, I rather think it does.
I believe that the House of Lords enjoys similar ParlyPrivilege ; I'm not sure if it also applies to people giving evidence to official committees of Parliament. You need a lawyer to address those points.
But no, in short, the GP isn't trolling when describing the freedom of action that Parliamentary Privilege gives to MPs.
In part, it gives an MP the freedom to talk without fear of censure, save through the ballot box (or the car bomb) ; in part it stems from the assumption that all MPs (etc.) are "Right" and "Honourable" people.
Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
No you have it backwards.
I'm hoping he's trolling that he thinks it's a good idea to bring libel laws into parliament.
I don't even think it's possible to explain this sentiment if you don't already understand it. It's just.. well to Americans at least it sounds insane.
Just to be clear, I don't think it's a good idea to extend it to parliment, I do however think the laws as they are practiced right more wrongs than they create.
And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.