Perhaps Barrie Tilghman and Chief Webster weren't privy to the following? More to come.....
http://www.aclupa.org/pressroom/suitagainstwashingtoncount.htm
Suit Against Washington County, PA Police Chief over Harassment of Internet Critics Settled
Release: Immediately, January 24, 2006
More information on case, including legal documents
Pittsburgh: The American Civil Liberties Union (ACLU) – Greater Pittsburgh Chapter has reached a settlement with a Washington County municipality and its suspended Chief of Police that will ensure the freedom of residents to debate political issues on a local website without fear of retaliation from local authorities.
“In the Supreme Court’s words, ‘it is a prized American privilege to speak one's mind, although not always with perfect good taste, on all public institutions and this opportunity is to be afforded for ‘vigorous advocacy’ no less than ‘abstract discussion,’” said Witold Walczak, ACLU of Pennsylvania Legal Director. “Just because a police chief or other public official doesn’t like what is being said about them on an in Internet bulletin board doesn’t give them license to use official powers to threaten and intimidate critics, or take steps to shut down the website,” cautioned Walczak. “As the saying goes, if you can’t stand the heat get out of the kitchen.”
The settlement arises out of a lawsuit filed by the ACLU in 2004, charging that North Franklin Township police chief Mark Kavakich had attempted to use criminal subpoenas to learn the identities of residents who had criticized him on a website known as “localscoop” (www.localscoop.net). The suit also charged that Kavakich, who has since been suspended from the North Franklin police department pending an investigation of unspecified conduct, had threatened to arrest those who refused to cooperate with his investigation of the online critics.
Localscoop.net is an Internet community forum created and run by Terri and Munir Chavla of North Franklin, who were plaintiffs in the federal lawsuit.
The settlement announced today includes a consent order that extends and strengthens an original temporary restraining order that had been entered by consent at the outset of the case. The two-page original temporary restraining order prohibited the North Franklin police from threatening to use criminal proceedings against critics on the website. The four-page final order recently agreed to by the parties, and signed this morning by United States District Judge Joy Flowers Conti, expands on these restrictions as well as prohibiting other kinds of harassing tactics, such as confronting critics in their homes, or threatening to reveal their identities to their employers or others.
Terri Chavla said she hopes “that this police chief now understands that he cannot criminally prosecute people for merely posting their opinions.”
As part of the settlement, North Franklin Township also agreed to pay the sum of $42,000.00 to the Chavlas and their lawyers.
Walczak raised concerns about police intimidation and threats made against critics on the Internet. He noted that police officials need to pay more careful attention to the constitutional limits on their authority to investigate those critical of police activities. “It is not an issue for the police when an Internet poster says something nasty about someone else, even if what they say is false and defamatory,” said Walczak. He added that the victim can file a defamation suit, but the police have no business in the matter.
In addition to the Washington County case, the ACLU signed a court agreement in late December with the Pennsylvania State Police over a situation where an officer convinced a web host to shut down a Scranton couple’s political website after they criticized a Scranton official. That case, which is pending in federal court in Scranton, is Pilchesky v. Pennsylvania State Police. More information can be found about that and the Chavla case at www.aclupa.org.
The Chavlas were represented by Walczak and ACLU cooperating attorney Ronald Barber of the Pittsburgh law firm Strassburger, McKenna, Gutnick & Potter. The case is Chavla v. Kavakich, 04-CV-0594 (W.D.Pa., Conti, J.). A copy of the complaint and both the original and final consent orders can be found at www.aclupa.org.
DelMarVa's Premier Source for News, Opinion, Analysis, and Human Interest Contact Publisher Joe Albero at alberobutzo@wmconnect.com or 410-430-5349
8 comments:
Yep, God bless the ACLU!!!
Joe I'd call the ACLU but,I'd also call a private attorney as well and if you can swing it get the ball rolling and see if you can't cost Barry some $ and 10 or 20 years of her life from the stress that will arise from Albero VS Clancy Wiggum,City of Salisbury,Mayor and Council etal. Oh I'm jacked start a legal offense fund!!!!!!
Iyeska,
You're a VERY sharp woman. KBA stands for Kevin Blair Arthur, Jennifer's ex husband.
If by any chance it's not him, it would be members of the Zoo Staff. Either way, they're very childish.
One wonders if could actually be him but since he did post his message before 5:00 p.m. there's a decent chance he's still fairly sober. If he posted after 7:00 p.m. I'd be confident it was someone from the Zoo Staff.
The ACLU would rather help a terrorist than help a US citizen. If you're not high profile forget it! Good luck with them. Go ahead call me an idiot.
You ACLU bashers crack me up! So they are only ok if they file suits that please you? Here's the neat thing about that whole 1st Amendment thing that those nasty ACLU people keep bringing up--it doesn't apply only to speech and assembly that you like! It doesn't even apply only to speech that the ACLU likes, but they defend it anyway. And don't get me started on kba's little racist tirade here. Ironically, the ACLU's work allows kba the right to be a jerk. It allows each of you to rant against the government free of interference and fear of retaliation. It also allows you to rant against the ACLU. So rant away, everyone, safe in the knowledge that each time you do, you are quietly supporting the agenda of the ACLU!!!!!
Here's a big "duh" to that argument. Anti-ACLU people try to drum up these crazy scenarios, like the one you postulate where they create an America under Sharia law. That is almost so ridiculous as to not require comment, but I can't resist. Should some Islamic radicals take over the government, the ACLU will fight as hard against them as they have against any other intrusions upon civil liberties. Also, you need to chill out on the venom in your postings--I don't have a "worthless mind," as you suggest. Of course, the ACLU protects your right to say that, as it protects my right to say that your comfort in your intellectual and moral superiority over everyone who disagrees with you is misguided, at best.
How could I possibly have a day job, with such a "worthless mind?" You've really got me pegged. I keep getting this nagging saying running through my worthless mind, something about "Do unto others . . ." Not sure where it comes from, because I am pretty worthless. Maybe you could help me out, since you seem to have a monopoly on spiritual truth! Hold on, there's another thing echoing in my worthless head, something about "judge not . . ." Darn it! Now what's that from? Gotta go now, it is time to plot ways to kick puppies and push old ladies into the street. All that needs to be finished before Dr. Phil is on!
Thanks, CM. I can get hot under the collar sometimes, so I apologize if I offended you. I do judge people, we all do, but what bugs me is the vitriol involved. I try to bring a sense of humor to this even when I'm under attack!
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