Posted on 07/23/2008 12:36:29 PM PDT by SmithL
Memphis Police Director Larry Godwin and the city of Memphis have filed a lawsuit to learn who operates a blog harshly critical of Godwin and his department.
The lawsuit asks AOL to produce all information related to the identity of an e-mail address linked to MPD Enforcer 2.0, a blog popular with police officers that has been extremely critical of police leadership at 201 Poplar.
"In what could be a landmark case of privacy and the 1st Amendment," the anonymous bloggers write on the site, "Godwin has illegally used his position and the City of Memphis as a ram to ruin the Constitution of the United States.
"Some members of the Enforcer 2.0 have contacted their attorneys and we are in the process of filing a lawsuit against Larry and the City of Memphis. What's wrong Larry? The truth hurt?"
It wasn't clear if the lawsuit is aimed at shutting down the site or if it's part of an effort to stop leaks that might affect investigations.
Many of the documents in the case, filed in Chancery Court on July 10, have been sealed by Chancellor Kenny Armstrong. Police officials would not discuss the action, citing pending litigation.
Whatever the reason, Internet and free-speech advocates said they had serious problems with the city's actions.
"You can complain about the government, and you should be able to do that without fear of retaliation or threatening actions on the part of the people in these positions," said Lillie Coney, associate director of the Electronic Privacy Information Center, a Washington-based watchdog group. "I guess they've kind of annoyed them at some level, but you really don't want to see law enforcement or government resources spent in this way."
AOL has been ordered to turn over similar records in the past.
In 2001, Japanese company Nam Tai filed a complaint in California state court against unknown Web posters claiming they committed libel and violated the state's unfair business practices statute.
Nam Tai was able to obtain the e-mail address of one of the posters and then obtained a subpoena from a Virginia state court to AOL seeking the name behind the e-mail address.
AOL filed a motion to have the order quashed, but lost that bid in trial court and the Supreme Court of Virginia.
Officials with the American Civil Liberties Union of Tennessee said they will be watching the case closely and that anonymous speech is essential to the free flow of ideas in a democracy.
"We are quite interested in preserving the anonymity of the bloggers," said Hedy Weinberg, executive director of the ACLU of Tennessee. "Anonymous speech has long been protected speech under the First Amendment."
The bloggers, who operate under the name of Dirk Diggler -- the name of the porn star in "Boogie Nights" -- say their site provides an important service to officers and citizens.
"This is another attempt at disrupting an outlet for officers to gather and complain about the administration," they said on the site.
"Further, this allows us unrestricted communication with the citizens of Memphis. The citizens should be made aware of the scandals that rock the administration and shudder the rocky foundation in which they operate today."
The bloggers also said city attorneys earlier this year wrote a threatening letter on city letterhead to a company that produced T-shirts for the bloggers.
“If we gave you our names, we wouldn’t be anonymous anymore, now would we?”
If the bloggers libeled someone or if they are breaking the law, I do think that AOL should be forced to turn over information.
But if the City just don’t like what the bloggers are saying about them then tough luck.
Exactly.
Kinda hard to prove libel against someone who is expressing their opinion.
All this is is a temper tantrum by Those Who Must Be Obeyed because someone called them some names and the cops don't have anyone to taser. But if the City just don’t like what the bloggers are saying about them then tough luck.
From the article:
The bloggers also said city attorneys earlier this year wrote a threatening letter on city letterhead to a company that produced T-shirts for the bloggers.
If that's true then it really is just the City not liking what the bloggers have to say.
I also agree with you that the City doesn't like what these people are saying, which is why they want to shut them up. That is EXACTLY what the first amendment protects. And if that is the case, AOL will not have to turn over anything.
Regardless, absent a crime, the city should try to improve rather than try to intimidate citizens (or employees) who voice their opposition to city hall.
The police have a fearsome power of intimidation: the police carry heavy sticks, pepper spray, handcuffs and guns; the police have the power to place a person in confinement.
This power must be used to protect citizens, not to suppress dissent.
When the police abuse their power, this country moves closer to looking like the former Soviet Union.
It is the badge I fear more than our military with “martial law.”
And that is ashame to state, but it is just my biggest fear, and a fear often confirmed. Look at the actions of the New Orleans PD after Katrina, and the confiscation of firearms.
The City of Memphis, home of the Felonious Ford Family, is one corrupt joint.
This is just another example.
Memphis cops suck-period! Nothing but glorified ticket writers for the past 2 months especially. They are literally nothing more than speed trap artists stopping people for the flimiest of excuses and writing tickets.
I got a ticket 20 seconds after I left my house. Accused of running a stop sign 10 feet from my driveway. Totally ridiculous!
Look up crime and Memphis & see why this revenue enhancement is going on instead of patroling real crime.
It wasn’t just the cops who committed this crime by obeying the unconstitutional order.
“At the orders of New Orleans Mayor Ray Nagin, the New Orleans Police, the National Guard, the Oklahoma National Guard, and U.S. Marshals have begun breaking into homes at gunpoint, confiscating their lawfully-owned firearms, and evicting the residents. “No one is allowed to be armed. We’re going to take all the guns,” says P. Edwin Compass III, the superintendent of police.”
Quoted from:
Defenseless On the Bayou
New Orleans gun confiscation is foolish and illegal
David B. Kopel | September 10, 2005
http://www.reason.com/news/show/32966.html
Neither the Mayor nor anyone who followed his unconstitutional order has paid for these crimes. The Mayor, the superintendent, and everyone who followed their unconstitutional orders should be jailed for violating the citizens’ civil rights under color of law.
When last we left our friends at 201 Poplar:
EXCLUSIVE: Video shows police beating at 201 Poplar (Policeman fired)
MEMPHIS, TN (WMC-TV) - Exclusive video obtained by Action News 5 shows a Memphis police officer beating a suspect at 201 Poplar in an apparent case of police brutality.
The video, recorded February 12th, shows Duanna Johnson in the booking area at the Shelby County Criminal Justice Center after an arrest for prostitution. The tape clearly shows a Memphis police officer walk over to Johnson - a transsexual - and hit her in the face several times.
http://www.freerepublic.com/focus/f-news/2032815/posts
I would have been shooting first (to kill) and ask questions later.
Thank God for them that they now have Jindal (sp?)
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