Definitely a timely shot in the arm for free-speech rights in America. Truth is, we blogger-type/activists really need to pay attention to this case and any others coming down the proverbial pike. It could just as easily been one of us here @ Dkos criticizing this bogus malpractice suit.
A Superior Judge in New Jersey struck a blow for First Amendment rights last Friday December 21. The judge ruled in favor of an anonymous blogger known as "daTruthSquad" who writes on a site hosted by Google’s Blogspot.
In Manalapan v. Moskovitz the aforementioned blogger, writing anonymously, strongly criticized a malpractice suit filed by the township of Manalapan, New Jersey against its former city attorney, Stuart Moskovitz. The township had subpoenaed Google for the identity of the blogger, as well as for any emails, blog drafts, and other information the internet giant had pertaining to the blogger.
In a hearing a week ago Friday, Superior Court Judge Terence Flynn quashed the subpoena and ruled that the blogger had a First Amendment right to anonymous speech.
From the Electronic Frontier Foundation website:
"We're grateful that Judge Flynn upheld the First Amendment rights of our client and recognized that anonymous speakers should not be intimidated into silence through the discovery process," said EFF Staff Attorney Matt Zimmerman. "Now 'daTruthSquad' can continue to discuss township business without fear of government reprisal."
Here’s a brief breakdown of the case.
The New Jersey Township of Manalapan filed a malpractice suit against its former attorney Stuart Moskovitz, alleging misconduct regarding the Township’s purchase of polluted land back in 2005. Manalapan’s decision to file suit became fodder for debate in the local press and as you would guess, in the local blogosphere as well. One blogger was particularly critical of Manalapan Township, the aforementioned, "daTruthSquad."
From the case page of EF&F’s webpage:
Inexplicably, attorneys for the Township issued a subpoena to Google (owner of Blogspot) demanding that the identity of this anonymous critic be turned over, along with datruthsquad's contact information, blog drafts, e-mails, and "any and all information related to the blog." Despite repeated requests from EFF (now representing datruthsquad) to explain how this could be anything other than an attempt to out a vocal critic, attorneys for the Township refused to withdraw the subpoena and informed EFF that it could go to court to object to the subpoena if it so chose. On November 28, 2007, EFF filed a motion to quash the subpoena and for a protective order (PDF) to prevent the Township from issuing similar subpoenas in the future.
On December 21, 2007, Superior Court Judge Terence Flynn granted EFF's motion to quash the Township's September 26th subpoena seeking the identity of datruthsquad and denied a motion by the township to authorize future subpoenas, finding that the subpoena amounted to "an unjust infringement on the blogger's First Amendment rights" and that the blogger "has a right not to be drawn into the litigation." Judge Flynn denied the motion for a protective order, finding that it was unnecessary at this time.
They wanted "draft blogs?" This is scary stuff. I go through many drafts sometimes before I publish a diary, and even though I don't as a rule include facts and information in my drafts that don't make it into the final copy, I don't necessarily want others going through them. Besides, like the judge ruled, it was an unjust infringement of First Amendment rights.
But, these days, just how many judges would rule in a similar way?
Democrats need to spend less lip time and more time on the judgeship issue. That's one particular area in which the wingnuts have us beat hands down. The appointment of judges [from the local level all the way to the SCOTUS] is a top priority for the Republican Party in general, and, we're now beginning to feel the deleterious effect their appointments are having on our judicial system in general.
The appointment of judges should be an integral part of of the Democratic platform.
On a side note: we here in the reality-based community need to support the Electronic Frontier Foundation and other organizations who are protecting our rights in many ways all across the spectrum -- from fighting against telecom immunity and Dangerous College P2P Legislation to Repealing the REAL ID Act, Stopping the Bush regime's spying on Americans, Supporting E-Voting Reform, and Reforming the PATRIOT Act
Please support the Electronic Frontier Foundation. Become a member either with a onetime donation or become an ongoing member with a monthly donation.
EF&F is on the front line fighting to preserve our democracy and how it pertains to our precious electronic media. Without it we would be silent. Think about that, and then go support them as we would any candidate, or even more so.
(After all, they actually have a backbone.)
Peace