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Feds Want To Unmask Internet Commenters Writing About the Silk Road Trial Judge
An anonymous reader writes: A grand jury subpoena, obtained by Ken White of the law blog Popehat, demands that libertarian news magazine Reason hand over "any and all identifying information" about certain commenters posting on an article published May 31st, "Silk Road Trial: Read Ross Ulbricht's Haunting Sentencing Letter to Judge." The subpoena cites a law against "interstate threats" as the reason for demanding the information, which the Supreme Court very recently decided must include real intent.
As White points out, the comments — repugnant as they are — may very well not constitute a true threat, as they aren't directed at the judge and don't detail any real plans for violence. The kicker: although it's possible to fight the subpoena, precedent suggests the U.S. Attorney's office may have the power to obtain the information anyway. However the situation shakes out, this isn't nearly the first fight over commenter anonymity and the First Amendment, and certainly won't be the last.
As White points out, the comments — repugnant as they are — may very well not constitute a true threat, as they aren't directed at the judge and don't detail any real plans for violence. The kicker: although it's possible to fight the subpoena, precedent suggests the U.S. Attorney's office may have the power to obtain the information anyway. However the situation shakes out, this isn't nearly the first fight over commenter anonymity and the First Amendment, and certainly won't be the last.
I don't see an issue here, not a single threat, and frankly, when you look at the laws these judges enforce, case in point here, really....I see nothing repugnant. I dislike these shitbags this much too. I wish people like this judge would do us all a favor and jump feet first into a wood chipper. Would make the world a much better place.
and I don't need to be anonymous. No threat here....I wish she would do the world a favor...for us.
"I opened my eyes, and everything went dark again"
There is zero chance those are true threats.
1) No objectively reasonable person reading those words on that forum would possibly believe the judge's life was in any danger.
2) There is no actual threat of specific action. The closest, perhaps, is this one: "It's judges like these that will be taken out back and shot." But that's not a threat against this judge, specifically, just "judges like these." And "will be" but no mention of who's going to do the shooting. Or when. Just some indeterminate point in the future, someone "will" do something to perhaps other people like this one. That's not a threat. All the rest of the "threats" are of the form "hope" or "should," which are also not threats, but wishes. I can wish you dead all I want, but unless I've developed magic powers that make my wishes come true, "wishing" is a pretty damn empty threat.
3) Also, the words were not directed at the judge, or posted in a place anyone would reasonably expect her to read.
This is stupid, so stupid, and I hope Reason fights them.
And this is totally different than Elonis, in which he posted his raps about how 1) he 2) will 3) commit specific acts of violence 4) against specific people and 5) posted them in a place those people are very likely to see. This is nothing like that.
We don't have a state-run media we have a media-run state.