The Subpoena: Will It Quash?
Let’s hope so. FFFF filed an emergency motion to quash a subpoena this morning in the case of Cheryl Sanders vs. John Doe, a defamation suit filed by an Anaheim city employee against an anonymous commenter in which the Friends were compelled by court order to release private records. Our little hearing is scheduled for Monday at 1:30 pm at the Central Justice Center.
View the motion to quash subpoena
Journalists have a right to protect sources who allege corruption within government offices, and we believe that right extends to bloggers, too. Lucky for FFFF, the courts in California seem to agree. Given that, we’d rather punch our own groins than divulge the identity of a potential whistleblower who partakes in the raging digital discussion that happens here.
Here’s the bottom line: Friends for Fullerton’s Future won’t surrender any of our anonymous commenters’ private data to anybody (especially a public employee) without a fight.
Can we see the original post on this? Everyone is entitled to an opinion even if that opinion is that a public entity, especially a public entity, is corrupt. Has Ms Sanders denied the charge and submitted a defense? If she has not, then what is to sue? Doesnt she have to show probable cause?
Arnold, a screenshot of the original comment is in an attachment of an attachment towards the end of the PDF linked above.
This whole thing is about a bad wig.
Cant read the fine print from a FAX, pls reprint so we can read what was said.
Hey, I agree with you, but a year or so ago weren’t you arguing that you weren’t journalists?
Matt, we’re still not “journalists” in the sense that we do not pretend to be unbiased fact-regurgitators. But that doesn’t prevent us doing journalistic things on occasion and it also doesn’t prevent us from being protected under the California Shield Law.
Mr. Leslie, I’m not a journalist. I’m a one-armed alcoholic with a gun fetish. But that doesn’t mean I have to turn over docs to some disgruntled public employee. Not until a judge tells me I have too, anyway.
Actually Travis, the definition of journalism used to have much more to do with offering an informed opinion on the facts. The attempt to be completely unbiased, which is arguably impossible, is a much more modern idea, which, at its worst, can lead to manufactured consent across the media. As long as facts are accurately presented I don’t see anything mutually exclusive about offering a definite point of view and being a journalist. At worst, picking and choosing which part of journalism you want to participate in could be seen as demanding all of the protections of the trade without any its fulfilling any its responsibilities.
I hear you, Matt. The newspapers of the 19th century were extremely partisan. I think people are wising up to the faux objectivity that pervades modern media, and yearn for the refreshing honesty of real commentary in reporting. That’s exactly why guys like John Stewart have replaced conventional news sources for America’s younger generations.
travis, this is very “Fight Club”ish of you. The US Constitution and people who know free speech is essential to a free society thank you for manning up and fighting oppression
This is very fight club of you Travis. When does project mayhem start?
The theme of Fight Club is people punching each other in the face for no reason. There do seem to be some similarities in this situation.
travis, not my intent when I cited “fight club” to insinuate FFFF only purpose is to senselessly fight. the theme in “fight club” is not to be afraid to stand up for what you know is right, like free speech because submission to threats diminishes the individual man and woman
I was referring to the silly battle between the defendant and the plaintiff, but I get what you’re saying.
If the subpoena don’t wash you gotta quash!
Bit project mayhem wax about fighting the establishment with actual violence. I’m ready to bear arms against our city council, state government and the Feds! Thomas Jefferson said we must shed blood at the tree of liberty, that time is now and we must fight or else we will stand with no progress and cribled by our debt. It’s time to bear arms
Down, boy. Or soon we’ll be getting a subpoena for your IP address.
“cribled?
Say what?
well somebody’s having a good Saturday evening
fullertonwatcher, there is no need for actual violence as we have freedom of speech evidenced in the FFFF. Remember, the pen is mightier than the sword.
What happened at the hearing? Unfortunately, case law doesn’t support your cause.
Kim, the subpoena was quashed, although it was really on a technicality. read about it here: http://www.fullertonsfuture.org/2011/subpoena-squashed/