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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."

32 of 320 comments (clear)

  1. He's A Jerk by GrahamCox · · Score: 4, Funny

    That police chief in Austin, Texas? - He's a Jerk. So sue me!

    1. Re:He's A Jerk by Art+Acevedo · · Score: 5, Funny

      Yes, I'll do that GrahamCox

    2. Re:He's A Jerk by buchner.johannes · · Score: 3, Funny

      *facepalm* you're supposed to post anonymously

      --
      NB: The message above might reflect my opinion right now, but not necessarily tomorrow or next year.
    3. Re:He's A Jerk by Anonymous Coward · · Score: 5, Informative

      He IS a jerk. His list of jerk-like actions include:

      1) Authorizing police officers to draw blood on the spot, with or without your cooperation (using a contract phlebotomist of course) if you are pulled over under suspicion of DUI.
      2) Constant and aggressive speed traps all over the city (I recently observed motorcycle police tailing people into a school zone and nabbing them if they didn't hit the brakes immediately).
      3) Increased patrolling and harassing motorcycle riders for helmet law violations during the ROT Motorcycle Rally. It should be noted that these were primarily older white middle class people. However, when Highland Mall requested police security for the Texas Relays their request was denied by the chief. The Texas Relays attract mostly black youth, which in itself is not a problem. The problem is that the entourage they attract has in the past loitered in the mall, intimidated shoppers, and in fact resulted in fights breaking out inside the mall. The chief denied the mall owner's request because black community leaders would have crucified him had he not done so.
      4) Hiring so many police officers that it becomes a strain on the city budget. This year's police academy class was almost suspended except that existing officers agreed to forego their raises. The chief is a big fan of "preventative patrolling" (but only in the form of speed traps, not in truly high-crime areas like Lamar & Rundberg). Methinks this must be tied to the budget strain. Plus, Mr. Acevedo wouldn't want to be accused of racial profiling in a primarily Mexican immigrant neighborhood.

      The country should also know that an Austin police officer recently shot a young black man in the back of the head while he was fleeing. Gee, I can't imagine what the young man must've been afraid of! As you might expect, the police officer was essentially let off the hook.

    4. Re:He's A Jerk by Anonymous Coward · · Score: 5, Interesting

      FYI, posting anonymously because APD fucking scares me. This once-peaceful town is morphing into a police-state before my very eyes. It should also be noted that Austin is run by Progressives, and prides itself on being a model for other cities. We're only a few steps away from police checkpoints throughout the city. From environmental laws so strict that only the mega-rich can build anything, to police harassment of citizens, this place is becoming a microcosm of fascism. Ironic for a place that prides itself on being so liberal, tolerant, and "weird." Remember folks, we're trying to be a model city. Expect to see this crap coming your way soon.

      Sincerely,
      A Deeply Concerned Austin Resident

    5. Re:He's A Jerk by S77IM · · Score: 4, Insightful

      Are you kidding??? Were you paying attention to the previous police administration? Acevedo is a vast improvement. He is a regular cop who rose through the ranks, not a politician looking for a desk job with a lot of power. He is trying to clean up the department and instill the sort of discipline needed to not shoot black people (which has been a tragic recurring problem that the previous administration basically ignored). And Austin has hired a lot of cops recently is because (surprise, surprise) crime has been increasing. Reasons for this are unclear, but the economic downturn must play a part, and a lot of it is blamed on Katrina evacuees (racism again?). In my neighborhood we monitor local crimes and the police response time has improved greatly. Austin still has the one of the lowest police budgets and number of police per capita of any major US city, and some of the lowest crime statistics. So claiming that Austin is becoming a police state is silly.

      Is the APD perfect? Heck no. That blood-draw thing is kind of crap, and for some reason they have been killing people in high-speed chases lately (I guess since they are no longer allowed to shoot black people). But compared to most other police departments, APD is really good, and Acevedo has the unenviable job of trying to make it better. I hope he succeeds.

        -- 77IM

      --
      Student: Is it true that the foundation of the universe is paradox?
      Master: Well, yes and no.
    6. Re:He's A Jerk by Anonymous Coward · · Score: 5, Informative

      It got so bad that the state legislature passed a law saying that a given town could only make a certain percentage of its income by writing tickets!

      Of course that law has holes in it big enough to drive a fleet of 18-wheelers through.

      Only "ticket revenue" counts. "Court Fees" don't count. So what they do now, essentially, is that you get dragged in, you're not allowed to plead not-guilty without being there in person (not even sending a legal representative is allowed in most towns/counties, a deliberate method for fucking over out-of-towners).

      But they offer you either to "take defensive driving and pay a court fee" or "take deferred adjudication and pay a court fee." Oddly enough, the court fees are actually slightly-more-expensive than the ticket would normally be, except that you don't get reported in to your insurance as being "guilty" of a traffic infraction if you go that route.

      Oh, and Texas isn't the only state in the nation to do this. Cops everywhere (Arkansas is actually worse than Texas, as is Louisiana) target out-of-state plates.

    7. Re:He's A Jerk by Runaway1956 · · Score: 5, Insightful

      The homeless are a problem? Skip over that - there are estimates that human trafficking has almost a million victims (yeah, a victimless crime, right) who have passed through or into Texas in recent years. Sometimes, little boys and girls as young as 10, 11, or 12 years old, being brought into our nation to be sold into sex slavery.

      Where's Austin? It sits astride Interstate 10 and Interstate 35. A HUGE portion of that human trafficking passes through Austin.

      Instead of battling online anonymity, maybe the police chief should be out searching vehicles for child whores being carried to points east and points north.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    8. Re:He's A Jerk by jmerlin · · Score: 3, Informative

      "Speed trap" also refers to a place where police routinely camp and very strictly enforce a speed limit because it's very easy to "accidentally" be going over it. I'd say, "speed trollin" is more accurate. However, we have many tiny little 1000 person cities in TX on your way from say.. Austin to Dallas.. and if you go through one of them at 3:30 AM going from 70 on a highway to 40 in-town within 600 ft (note, the "speed slows" warning is roughly 600 feet from the actual 40mph sign) meaning you MUST brake quite hard to make the limit, and behind the sign through this 2 mile wide city on this one road there are at least 6 cops. I've seen it many times and been pulled over by them once, driving back home from a trip to Austin, no kidding.. in a convenient store parking lot in the middle of this deserted town I had 6.. SIX cops with their lights on behind me. I was going 44 in a 40. He only gave me a warning. Everywhere else in the country I've been it's been hard as hell to get speeding tickets but here.. they're handed out like candy.

    9. Re:He's A Jerk by GrahamCox · · Score: 3, Insightful

      Feel free, I'm a British Citizen, resident in Australia. I doubt his jurisdiction applies, even if in his own head he runs the world! In fact, I, on the other side of the world, now know that this guy *is* a jerk, which previously I didn't, so his jerk-like tendencies are now known globally. I think it's known as the Streisand Effect.

      I encourage as many people to criticise him online as possible; he can't haul in everyone. It's the only sane response to an insane individual.

    10. Re:He's A Jerk by TapeCutter · · Score: 3, Interesting

      No it only applies if a "reasonable person" would take it to be true and of course I'm entitled to my opinion that the sherriff is a tin-pot dictator with delusions of granduer.

      The libel/defamation laws in UK/AU are designed to make infuential people/organisations responsible for the consequenses of false accusations they make in public. Americans might see that as censorship. Like the OP I'm also a British born Aussie and see it more along the lines of enforcing common descency and keeping the highly politicised mass-media on a leash.

      Sir Arthur C Clarke used the laws to force a tabloid to retract allegations of pedophilia against him. He refused to accept his knighthood for the 2yrs it took to clear his name through the courts. However these laws do not apply in parliment, "parlimentry privlage" means politicians can bullshit to their hearts content in the house.

      In other words I can say I think the sheriff is a dickhead and quote him out of context to demonstrate it, but I can't put words in his mouth or lie about his actions. OTOH it's doubtfull a "reasonable person" would accept a random slashdot post at face value.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  2. Well, there is a problem here by Ronald+Dumsfeld · · Score: 4, Insightful

    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.
  3. He proves their point by Gothmolly · · Score: 4, Insightful

    People are posting anonymously because they have no trust in the police.

    --
    I want to delete my account but Slashdot doesn't allow it.
  4. bad summary by Mr.+Slippery · · Score: 5, Informative

    From TFA:

    People who misrepresent themselves as officials in online comments could face civil, criminal penalties, Acevedo says.

    ...

    Austin Police Chief Art Acevedo says he and some of his officers have been harassed, lied about and had their identities falsely used

    ...

    In March, the social networking site Twitter shut down a fake account that pretended to issue official Austin police bulletins after the department and the Texas attorney general's office complained.

    ...

    State lawmakers this year passed a law that took effect Sept. 1 making it a third-degree felony to use another person's name to post messages on a social networking site without their permission and with the intent to harm, defraud, intimidate or threaten.

    ...

    A police commander has had his name falsely used as the author of comments about the department.

    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
    1. Re:bad summary by timmarhy · · Score: 5, Informative
      yep he is totally justified in wanting to find these people - they are breaking the law pretending to be police officers online.

      leave it to /. to not get the facts straight.

      --
      If you mod me down, I will become more powerful than you can imagine....
    2. Re:bad summary by Jared555 · · Score: 4, Interesting

      How do you know they are pretending?

  5. Public trust is eroded by Anonymous Coward · · Score: 3, Insightful

    Ummm,,,,public trust has to be earned too. Acting like a f***ing crybaby won't help.

  6. Re:Not surprising by dkleinsc · · Score: 5, Insightful

    Aye, me be thinkin thar be only one way te keep te copper from te coppers: All must keep to a Code, guidelines if ye will. Three of 'em:
          1. Serve the public trust
          2. Protect the innocent
          3. Uphold the law
          4. (Classified)

    Of course, if ye landlubbers want true freedom, take to te sea, 'cause it's a pirate life for me.

    --
    I am officially gone from /. Long live http://www.soylentnews.com/
  7. Re:He just proved them right. by Anonymous Coward · · Score: 4, Insightful

    Except that's not the complaint, the complaint is that people are misreperesenting themselves as police officers and other officials to make their complaints which is different. Did anyone here read the article?

  8. Too little, too late. by TheVelvetFlamebait · · Score: 5, Funny

    He claims that 'such posts erode public trust in the department.'

    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.
  9. somewhat deserved? by Dale512 · · Score: 5, Informative

    ----
    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.

  10. This is a "case-by-case" scenario... by sirwired · · Score: 3, Insightful

    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

    1. Re:This is a "case-by-case" scenario... by GaryOlson · · Score: 5, Interesting
      From a comment by "gohorns" on The Statesman comment section:

      why do you immediately assume that the people who are posting as police officers AREN'T police officers? Think about it...Acevedo is saying how he is upset that people would get on and pretend to be officers so they can slam the police department. That implies he already KNOWS that they aren't officers. How does he know that? The story says that they would have to subpeona records to get the names. There's no way right now that anyone can know if they are officers or not. What if they ARE officers, and they're using the only way they can to let the public know the truth about Acevedo? No wonder he wants them shut down! He's got a leak he can't plug! It's driving him nuts!

      Methinks the police chief may have internal strife and is incompetent at managing his people.

      --
      Every mans' island needs an ocean; choose your ocean carefully.
  11. He wants to fire his critics by mbone · · Score: 4, Interesting

    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.

  12. Here is one of those "Austin Police" lies by paulsnx2 · · Score: 5, Interesting

    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.

    1. Re:Here is one of those "Austin Police" lies by dex22 · · Score: 5, Interesting

      Or, my experience with APD. Sitting in a restaurant, two APD cops are seated in the booth behind me. They start talking about their new laser equipment and how it's much better than the old radar equipment. One then describes how he likes to inflate speeds by, I quote, "I can easily add 20 miles to the speed of a car." Wow. Just wow. Then, they start talking about the problem of "knowing black people are guilty of something" and using "throwdowns" they'd have taken off people earlier in the evening, and the best places to keep those stashes safe without getting in trouble. Uber wow.

      Obviously, in reporting this, I have something to fear from those officers, so I would be inclined to report anonymously. However, I'm not a chickenshit and am prepared to stand up in court and repeat what I heard, if forced by the police. It's very hard for them to coerce people who are willing to speak openly, and who have access to forums the size of /.

  13. so glad by TRRosen · · Score: 5, Interesting

    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.

  14. A WTF Moment by kilodelta · · Score: 3, Insightful

    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.

  15. On the off chance you're serious... by Savior_on_a_Stick · · Score: 4, Insightful

    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.

    1. Re:On the off chance you're serious... by MoralHazard · · Score: 5, Informative

      Sigh. It's a very common misconception that the term "mother fucker" (two words, not one) denigrates a man who has sex with his own mother. Fuck Wikipedia, and fuck the ignorant idiots who spin whole fictions, and especially fuck the lazy dipshit readers who just assume that WP is correct, because it's easier than following up with their own research. Yeah, you heard me--Jimmy Wales can suck a fattie, while we're at it.

      In reality, the term "mother fucker" refers to a man who has sex with SOMEONE ELSE'S MOTHER, specifically with a woman in some kind of tight spot (e.g., economically) who agrees to sex with that man only out of desperation. The woman doesn't really want to sleep with this man, and she isn't a prostitute in the professional sense, but this man presents an alternative to watching her children go hungry.

      The term gained tremendous traction during WWII, originally amongst black American GIs, and was applied literally to American soldiers (black, white, or otherwise) in war-torn Europe who would trade food, money, or anything of value (cigarettes, chocolate, booze) for sex with desperately poor or starving French and German women. Many of these women were home-makers whose husbands had been conscripted away, killed, or imprisoned, leaving the women to support the couple's children alone. Many lacked trade skills, and the war damaged the local economies so badly that they had few, if any, alternatives.

      So calling a man a "mother fucker" meant that he was A) taking advantage of poor and downtrodden people with no options, and B) incapable of seducing non-desperate women. Anyone with experience growing up in desperate poverty, or who saw his own parents humiliated by circumstances beyond his control, would probably consider that kind of behavior to be a pretty low thing.

      In the last sixty or so years, the term has entered the popular slang as a term of derision ("That Richard Nixon is a real mother fucker, you know?"). More recently, it's been used as an indicator of extraordinary intensity, not necessarily in a derisive sense, but usually still carrying some implications of harshness ("I fell asleep out in my lawn chair, yesterday, and got a mother fucker of a sunburn.") or intimidating awesomeness ("That Shaft, he's one baaaad mother fucker.").

      Do your part--fight the ignorance!

  16. The Supreme Court has spoken by coats · · Score: 3, Interesting

    ...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!"
  17. Austin resident here by chrysrobyn · · Score: 3, Insightful

    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.