A Note From Publisher Tommy Russo…
First and foremost, I want to assure MauiTime readers and the community at large that we plan to fight this subpoena, protect the identities and First Amendment rights of our online commenters and uphold the Constitutional guarantee of a free press.
I know that comments—especially anonymous comments—can be nasty. Many such comments have been directed at me. But I also know that free speech is a fundamental, essential right upon which our society is built. To violate that basic principle, even in the face of pressure from government officials and law enforcement, would undermine what MauiTime has fought for since its founding and what newspapers, especially alternative newspapers, stand for.
In fact, this week the Association of Alternative Newsweeklies—of which MauiTime is a member—adopted a resolution that reads, in part: “The Board of Directors of the Association of Alternative Newsweeklies CONDEMNS the attempt by Maui authorities to force this disclosure, and SUPPORTS the right of MauiTime and Tommy Russo to oppose this subpoena and CALLS ON the district attorney of Maui to immediately withdraw this subpoena and cease all efforts to chill the free speech rights of MauiTime readers.”
[Click here to read the full resolution]
I believe the subpoena is flawed for a number of reasons. First, I do not believe the comment in question amounts to terroristic threatening. Second, I believe the Hawaii media shield law, which was recently extended by the state legislature and protects journalists from being forced to reveal sources and unpublished information, may apply in this case. Third, I believe MPD is overstepping its bounds by requesting IP addresses for all comments during a 24-hour period, implicating commenters whose words may be critical of Officer Johnson and MPD but in no way amount to criminal statements. Finally, I believe MPD is mistaken in its assertion that an IP address—which is frequently tied to a group of users on the same Internet connection, often in different households—will necessarily lead to the individual who posted the comment.
In the end, this is about more than a handful of commenters at mauitime.com. This is about everyone who has ever posted a comment on the Internet and assumed they were protected by the First Amendment. MPD is asking us to take the first, perilous step down a very slippery slope that could quickly and dramatically erode basic free speech protections. Where will it stop?
If it’s up to us, it’ll stop right here.
Tags: Association of Alternative Newsweeklies, First Amendment, Hawaii Media Shield Law, Maui Police Department, Tommy Russo
5 Comments
May 27, 2011
Well, Tommy, while it is all noble and brave for you to stand up for something, do you really think that you should be hiding the identity of someone making “terroristic threats”? I don’t think that makes you a hero. Rather the opposite, really.
Perhaps one thing you could do is to ask the person who made the threats to reveal themselves. Now, if they were outside of Hawaii, they might end up being in trouble with the FBI, not just the MPD.
For all I know, I am the one who made those threats. I don’t think I did, however I do not remember. And I think it would be out of character for me to make a terroristic threat over something like a scuffle between a publisher and an on-air personality. Still, one never knows. I am fond of having a few beers and then posting flaming opinions on the internet (I think I am the only peson on the planet with this hobby.)
So please, buck up, and demonstrate to the world that you know the difference between protecting freedom and protecting terrorism. Hand over the information, already, and stop being a poser.
May 31, 2011
I think a trade is in order.
Russo gives up the IP, MPD pink slips the rouge cop.
I think thats fair, no?
May 31, 2011
I cannot find the post that the cops find so offensive and allegedly threatening. It should have been reprinted in the story here about defending free speech. Please tell me you haven’t deleted it, and please let us know what it said. Thank you.
May 31, 2011
It’s on the Maui Time website, not here on Maui Feed. You just gotta go thru the spam postings and whatnot.
June 20, 2011
Mr. Hall,
Your analysis is vacuous.
1.) That the remark(s) amount to terroristic threatening is not established and certainly arguable for e.g., the example you give in your third paragraph.
2.) The statements at issue do not amount to a threat on face value. Saying that someone “deserves” a bullet is equivalent to someone saying Casey Anthony deserves to die. In the latter case, the person may be sentenced to death, but the speaker has no intent of personally carrying out the execution.The same applies to the former.
3,) Stating that you own a weapon because you fear a corrupt government is exactly what the Second Amendment to the Constitution envisions. It is a statement of a guaranteed right.
4.) The MPD itself does not claim a crime (terroristic threatening) occurred. They just want to “investigate.”
5.) The effect of releasing the IP addresses would serve only empower an evidently paranoid police department to intimidate people who voice forcefully their displeasure.
We can assume that the officer did not learn learn this behavior at the police academy (and that he missed some material on State law). It is abundanly clear that anyone brazen enough to commit assault while being recorded expects no retribution. It is then, not unreasonable to assume that there is a culture in the MPD which condones this behavior and will probably continue it.
Mr. Hall, how would you feel if the MPD showed up at your door with a search warrant and tossed your house looking for a gun you don’t have, because of a stupid internet post you don’t even remember?
Releasing this information would only result in violation of more citizens’ rights. Issues like this have great meaning. If you can force revelation of personal information on these less than flimsy grouds, a smothering of opposition to the MPD, or any other state agency will result. This is a step closer to a police state. That the MPD and County Attoryney would conscience such move is in itself chilling.