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Subpoena to Virginia Blogger for Notes and Identification of Anonymous Commenters
From: David Farber <dave () farber net>
Date: Thu, 5 Mar 2009 16:55:55 -0500
Begin forwarded message: From: "Paul Levy" <plevy () citizen org> Date: March 5, 2009 4:38:04 PM EST To: <dave () farber net>Subject: Subpoena to Virginia Blogger for Notes and Identification of Anonymous Commenters
Together with the ACLU of Virginia and the Thomas Jefferson Center for Freedom of Expression, we have intervened in the case mentioned a few days ago in which a plaintiff in a defamation case retaliated against a blogger who covered his defamation suit in less than flattering terms by sending a highly invasive subpoena that demands production of the blogger's communications with his sources, IP numbers of all who posted on his web site or even READ the web site. There have been only a handful of cases in which courts have addressed whether bloggers should be treated as journalists for the purpose of considering the reporters' privilege. We are also arguing that, in addition to protecting the commenters on the blog for the reasons usually argued -- protecting their right of anonymous speech -- posters on a journalists blog should be treated as "sources" whose disclosure violates the journalist's own rights. The brief can be found on our web site, URL is at the end of the following release: Paul Alan Levy Public Citizen Litigation Group 1600 - 20th Street, N.W. Washington, D.C. 20009 (202) 588-1000 http://www.citizen.org/litigation
Joe Newman 3/5/2009 4:25 PM >>>
FROM PUBLIC CITIZEN, ACLU OF VIRGINIA AND THOMAS JEFFERSON CENTER For Immediate Release: Contact: Paul Alan Levy (202) 588-1000 Rebecca K. Glenberg (804) 644-8080 Josh Wheeler (434) 295-4784 Court Should Not Force Virginia Blogger to Surrender Notes or Identify Anonymous Comments Freedom of the Press Protects ‘Non-Traditional’Journalists Too WASHINGTON, D.C. - A Charlottesville blogger has the same rights as a mainstream journalist and cannot be forced to release his notes or identify people who posted anonymously on his Web site, Public Citizen, the American Civil Liberties Union of Virginia and the Thomas Jefferson Center for the Protection of Free Expression said in a brief filed today in a Virginia circuit court. The same reporters privilege that protects newspaper and TV journalists under Virginia law applies to Waldo Jaquith, who runs cvillenews.com, said Public Citizen attorney Paul Alan Levy, who represents Jaquith, along with Josh Wheeler of the Thomas Jefferson Center and Rebecca Glenberg of the ACLU of Virginia. Thomas Garrett, an author, actor, radio personality and self-described Hollywood publicist, subpoenaed Jaquith’s notes and Internet records after Jaquith wrote about a defamation suit Garrett had filed against The Hook, a Charlottesville alternative weekly. Garrett’s subpoena seeks identifying information for anyone who posted comments about or even looked at Jaquith’s blog entry on the suit. It also seeks any e-mails to or from Jaquith relating to Garrett or the defamation suit, and any documents “relating to information obtained, generated or created in writing the [cvillenews.com] article.” “One of our country’s founding values is that the person standing on the soapbox in the town square has the same freedom of speech they have at The New York Times or the Toledo Blade, for that matter,” Levy said. “Bloggers such as Jaquith may not be ‘traditional’ journalists but they play an integral part in the way people get their news today.” The brief also argues that the subpoenaed documents are irrelevant to Garrett’s defamation suit against The Hook. “It is difficult to see how comments that were written and posted nearly nine months after the alleged defamation took place could have any relevance to this sort of cause of action,” Wheeler said. Further, the brief argues that commenters on Jaquith’s blog have a First Amendment right to do so anonymously and Garrett has provided no evidence on why they should be unmasked. “If this subpoena is allowed to stand, bloggers will have to look over their shoulders whenever they write about a pending lawsuit,” said Kent Willis, director of the ACLU of Virginia. “The chilling effect could be devastating.” To read the brief, go to http://www.citizen.org/litigation/forms/cases/CaseDetails.cfm?cID=524. ### Joe Newman Press Officer / Public Citizen 1600 20th Street NW Washington, DC 20009 (202) 588-7703 www.citizen.org Check out our blog: www.citizenvox.org Follow us on Twitter: http://twitter.com/Public_Citizen ------------------------------------------- Archives: https://www.listbox.com/member/archive/247/=now RSS Feed: https://www.listbox.com/member/archive/rss/247/ Powered by Listbox: http://www.listbox.com
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- Subpoena to Virginia Blogger for Notes and Identification of Anonymous Commenters David Farber (Mar 05)