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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.
Clearly, suggestions that she "should be taken out back and shot" or "fed into a wood chipper" are LITERAL threats that the posters are going to immediately drive cross country in a diaper to perform these acts. And statements like these clearly cross the line into "repugnant".
I seem to recall that the Framers Intent for free speech and freedom of the press were written by men who had actually *anonymously* printed TREASONOUS and SEDITIOUS pamphlets against their lawful government just a few years before.