ACLU targets state libel law after student's files seized

Denver Post ^ | January 09, 2004 | Howard Pankratz

[Holly_P]

The American Civil Liberties Union asked a federal court Thursday to declare Colorado's criminal libel statute unconstitutional, saying it violates basic First Amendment protections.

The case stems from the Dec. 12 seizure of a computer and computer data belonging to a 24-year-old University of Northern Colorado student who started an Internet newspaper called "The Howling Pig."

According to the ACLU lawsuit, Greeley police confiscated the computer after UNC finance professor Junius Peake complained about "The Howling Pig" and its characterizations of him by Thomas Mink, the paper's publisher.

Bruce Jones, an ACLU cooperating attorney, characterized the paper as one that features satiric commentary on issues at UNC. Jones said that when officers executed a search warrant at Mink's home, they told him he was under investigation for felony criminal libel.

"I think that this is very scary," Jones said Thursday. "The idea that a college student could start a website and put out information that comments on issues at a public university and (also) spoofs some of the officials there, and then be faced with police officers coming into his home telling him he is in big trouble, I think is terrifying."

Jones said that Detective Ken Warren, who conducted the investigation, has completed his report and will recommend that Mink be charged by the district attorney's office.

But Thomas Quammen, the assistant district attorney in Greeley, said his office hasn't received Warren's report and he has no indication that prosecution is being recommended.

Peake declined to comment.

[the_Watchman]

Could the existence of a criminal libel statute be why the Democrat presidential candidates don't hold their debates in Colorado? :)

[Prime Choice]

Gee...and the Left keeps insisting that the Patriot Act is the greatest threat to our civil rights. They oughta take a close look at this case.

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[StriperSniper]

Our Area Code for campus numbers is 970.
Add "35" before dialing a number that begins with 1- from off campus

Peake, Junius W.	1-2737
Monfort Distinguished Professor
MCB Finance
Campus box 128
Kepner Hall 1075-F
junius.peake@unco.edu

[StriperSniper]

Since this story is a bit short on details, I did a bit of searching. I didn't quickly find a mirror of "The Howling Pig", so I did a bit more searching on the Prof. I was at first surprised to find this:

Do away with 17th Amendment It's the best solution for campaign funding woes

So I dug a bit more:

Testimony Before the Subcommittee on Finance and Hazardous Materials of the Commerce Committee United States House of Representatives April 10, 1997

NYSE's trading system outdated It is long past time for exchange to switch to electronic dealings

This guy is no innocent to big time politics. He is part of the team that started the wholesale reconfiguration of the entire securities trading systems from their Ivory Towers. By the time I got to page 2 of his House testimony, I knew I had heard/read it before, then the name hit me.

I would really like to see exactly what thought crimes he is accusing the student/journalist(publisher)/satirist of.

[cricket]

Any info as to what 'libelous' descriptions were used?

I am guessing that the paper is more conservative than some of the Libs who read it - that guess based on. . .

. . .the fact that, in general, Conservatives/Repubs are more tolerant and appreciative of one's right to free speech; whereas the Libs always cry 'uncle' and then try the Left's favored response of 'silencing' the critic by making him a criminal for speaking out.

Castro favors this simple MO as well. Tell the truth; get thrown in prison.