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And yet again -- another blogger outing


This time it's Jacksonville, Florida.

Glass half empty -- another example of authorities used by an influential local to prosecute a  local blogger critical of him.

Glass half full -- we're approaching the liklihood of a Peter Zenger case for bloggers. 

This time it is even scarier.  This time a blogger was simply critical of the new pastor of a Church he had attended.  The pastor asked the local police to investigate, and -- by some strange coincidence -- the policeman in charge of the investigation was also a member of the Church's security detail.

 

The pastor made claims of some petty offenses supposedly occuring at his church that, he claimed, had occurred after the blog began.  To quote the paper "The Rev. John Blount,  executive pastor of administration, said he contacted Hinson directly regarding increased "vitriol" on the blog about the same time mail was stolen from the Brunson home and someone was surreptitiously photographing Brunson's wife. Also, someone had contacted vendors lined up for the church's annual pastors' conference and made critical remarks about Brunson to them, Blount said."

 

This complaint enabled the investigator to get a warrant that forced Google to reveal the name of the blogger.  (Two other bloggers were also investigated.  Apparently, their names have not been revealed, they did not focus on the Church, though they may have linked to the main 'target of the investigation.')  The policemen never contacted any of the blogers, and reported that there was no evidence of criminal activity. 

 

At this point, despite the questions of conflict of interest, it is possible to argue that nothing had been done over the line.  Certainly a polie department has the right to investigate breaches of the peace, and I don't think any of us who have seen some of the dangerous blogs of religious terrorists, home and abraod, would want a flat-out ban on such investigations.  Of course, looking at what I have seen of the blog, a further case can be made that the investigation should have been dismissed about .279 seconds after the complaint was filed on the grounds that the blog was merely critical and hardly inciiting.

 

But that moves the question to 'where do you draw the line' -- worth investigating, but the next step was clearly so far over it that we can defer that discussion to a later story.  Because, having discovered and reported that there was no evidence of any criminal activity, the policeman then reported the blogger's name to the pastor.

 

Now, fortunately, the only action taken -- at least so far -- against the blogger has been an order of trespass against him keeping him and his family from the Church they had attended for many years.  There has been none of the type of police action taken in my last post, none of the danger that AKMuckraker was placed in.

 

There is much more to the background that is findable in either of the cites listed above.  I will repeat none of the charges against the pastor that the blog made, but I will quote two statements on it.  First the blogger's explanation for why he chose to remain anonymous:

Why anonymous blogging? I preferred to blog anonymously so as not to draw attention to myself, or make the discussion about me personally. I decided to focus on what I saw and heard, and to give a voice to those things I considered abusive. I never wanted the blog to be distracted by who I was, or make myself the issue. And of course self-preservation played a role - some who criticize my anonymity have anonymously called that "cowardice" - but if not wanting my wife and kids to feel the pain of having their husband and dad ridiculed as a troublemaker at their beloved church is cowardice, then so be it.

 

And then some of the local politics (and intertwining of religion, politics and business) that he sees behind it:

As it turns out, as I have learned in very recent days and as reported by Jeff Brumley, the lengths to which the church has gone to identify me and intimidate me and silence me confirmed my fears! The church leadership did indeed seek to silent a vocal dissent - a man who saw questionable things going on at the church and demanded accountability and demanded answers on a blog caused all of the power and influence that was at the disposal of the big church downtown - the wealthy pastor, the retired and respected circuit judge, even a few long-time staffers and even JSO officials who go to the church - they all rose to action to find out who this blogger was. It was well known in the congregation that Mac wanted to know my identity so the blog could be shut down, and they had finally had enough and wanted to shut it down.


Again, so far as the most prominent recent cases go, the bloggers, seem, at initial look at least, to be 'in the right.'  Certainly AKM's blogging has been provably right in all of her attacks on The Baroness Munchhausen, there is certainly evidence that the police corruption the Phoenix blogger exposed was real, and the tone of the current blog is hardly the angry tone or over the top language that could be used as an even slightly justified cause for the complaint against him

 

That doesn't matter.  This is getting to be too much of a pattern, and someone, perhaps one of these bloggers, will have to become the Peter Zenger of blogging.  Perhaps it would even be better if it wasn't one of these, but someone whose blogging is less credible, even provably less accurate.  (After all, both Zenger and the Minnesota paper that led the way in extending the freedom of the press to the states were not defended on the grounds of accuracy, nor, perhaps, could they have been.)

 

I'd like to ask those people reading this a simple question, since discussion is even better than recommendation.  What line would you draw?  If there is going to be a 'Zenger decision for bloggers,' what should it be?


5 Comments

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I believe if a blogger wants to remain anonymous, we don't need to know the reason why. I say that for purely selfish reasons. I don't especially want to give out too much personal info about myself. I write a political blog and anything personal is just an aside. My life is boring beyond belief, so nobody would really be interested, anyway.

I read blogs with a healthy dose of skepticism, no matter who writes them. (Except my own, of course.) Because someone says something online doesn't necessarily make it so. Bloggers are opinionators, and as such, we all tend to slant our posts to our own liking and our own beliefs.

If a blog post leads me to seek the truth, well and good. There are other places to follow up on stories. I can't imagine that many of us read a blog about someone and assume that's all there is to the story. For one thing, we're much too curious for that. If we're interested, we want to know MORE.

But I'm curious about this sentence:

This complaint enabled the investigator to get a warrant that forced Google to reveal the name of the blogger.

Since when can Google be forced to reveal a name? That's more than scary. I want to know MORE.

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I can't agree with you. There are several legitimate instances where Google could and should be forced to reveal a name. If someone were broadcasting a film of a rape, or of a hostage in a kidnapping situation -- to use tv cliches -- I can see no justification in Google having immunity. In fact, there is no established legal justification for Google having immunity at all, since they can't claim to be journalists.

No, if they are legitimately served with a warrant, they have to obey, and should.

On the other hand, the judge who issued the warrant is very much to be criticized, and might be subject to prosecution or impeachment if he were shown to be acting on behalf of the pastor.

Oh, and a hat tip to Ed Brayton and his invaluable DISPATCHES FROM THE CULTURE WARS for posting on this. (If more of you read Ed's blog, I'd be able to take it easier.)

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Don't we already have rules which govern anonymity in journalism, satire, and political discourse? Why not simply apply those rules to the internet as well? I fail to see how the medium of communication changes the nature of the message.

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Because I think many people, especially those who don't frequent blogs, don't draw even a slight parallel between blogging and journalism.

In fact, I have seen several bloggers hide behind the 'fact' that blogging 'is not journalism' so they can spew garbage with no factual basis just to provoke a response.

I think as blogging matures, and print media continues to decline, we'll see more and more issues like this pop up. Bloggers are inherently at a disadvantage here, though, as the vast majority are individuals who couldn't afford to defend themselves. It will take an organization with some cash to put up a fight (or several fights) to start establishing some precedent to give bloggers the same kind of protection as 'traditional' journalists.

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I think this guy getting outed was crap. Unless they had some evidence or reasonable suspicion, the name never should have been released, and certainly not by the cops to the pastor.

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Prup (aka Jim Benton)

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  • Location Brooklyn
  • Party Democrat
  • Politics Generally an FDR pragmatic liberal, and a Wm. Brennan Civil Libertarian. (Last voted for a Republican when Thatcher Longstreth was running against Frank Rizzo for Mayor of Phil.) Strong on First Amendment, generally anti-War (though supported 1st Gulf War), almost a Social Democrat on the Safety Net, pro-gay rights (I'm bi, and more importantly grew up in a lesbian household in the middle of OzzieandHarrietland (suburban NJ).) Not a strong environmentalist -- mostly because everyone has only so much room to worry.) Believer in 2-party system, which is why I lean over backwards to support 'Eisenhower Republicans' instead of celebrating the descent of Republicanism into Palinesque inanity. (And the nearest thing this atheist has ever had to a religious experience was walking into Constitution Hall (before it was turned into a 'presentation' just sitting where I could see the chair with the 'rising sun').

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  • Favorite Blogs besides the TPM group POLITICAL ANIMAL DISPATCHES FROM THE CULTURE WARS OBSIDIAN WINGS EZRA KLEIN ORCINUS ANONYMOUS LIBERAL ANDREW SULLIVAN (among political blogs)
  • Favorite Books Answering this honestly would make me miss the Obama inaguration before I got finished. Main interests, political biographies, history, history of sciuence, but mostly read mystery stories (I own 3000) for entertainment.

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I'm 62, married, and spent most of the last 40 years surviving. Briefly had an incredibly unsuccessful music magazine, spent a few years writing newsstand pornography, other than that, few accomplishments other than surviving.

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