Interesting People mailing list archives

Emails to anti-Trump website are protected by First Amendment


From: "Dave Farber" <farber () gmail com>
Date: Fri, 8 Sep 2017 00:39:58 -0400




Begin forwarded message:

From: Paul Alan Levy <plevy () citizen org>
Date: September 7, 2017 at 5:59:32 PM EDT
To: "dave () farber net" <dave () farber net>
Subject: Emails to anti-Trump website are protected by First Amendment

Today, both Public Citizen and EFF filed briefs opposing the federal government’s raid on the users of an anti-Trump 
web site.  Public Citizen’s filing was on behalf of three anonymous Internet users who either sent email to the 
DisruptJ20 web site, or received email from the site, or belonged to listservs maintained by the site.  EFF filed an 
amicus brief in support of limitations proposed by DreamHost but also suggesting a number of other limitations.  Both 
briefs, as well as the submissions from the Government and from DreamHost, are linked from this blog post
 
http://pubcit.typepad.com/clpblog/2017/09/anonymous-users-objection-to-search-warrant-seeking-to-identify-users-who-communicated-with-trump-in.html

Paul Alan Levy
Public Citizen Litigation Group
1600 20th Street, NW
Washington, D.C. 20009
(202) 588-7725
https://www.citizen.org/our-work/litigation/internet-free-speech
Twitter:  @paulalanlevy
Public Citizen Foundation participates in the Combined Federal Campaign with the CFC Code 11168
 
From: Nadia Prupis 
Sent: Thursday, September 07, 2017 4:57 PM
To: AllPC <allpc () citizen org>
Subject: Emails to anti-Trump website are protected by First Amendment
 
NOTE TO REPORTERS

Court Should Not Permit Trump Administration to Identify DisruptJ20.org Emailers, Says Public Citizen in Legal Brief

Public Citizen Attorney Available for Comment

Sept. 7, 2017

Contact: Nadia Prupis, nprupis () citizen org, (202) 588-7779
Angela Bradbery, abradbery () citizen org, (202) 588-7741

Public Citizen today filed a brief asking a court to exclude email communications and a listserv of email addresses 
from documents subpoenaed by the U.S. Department of Justice in its investigation of 230 people arrested on the day of 
the president’s inauguration.

Public Citizen told the Superior Court of the District of Columbia that the U.S. government lacks an adequate basis 
for seeking the identities of anonymous “Does” who had an email connection with the DisruptJ20.org domain, or were 
part of at least one of its listservs. Moreover, the First Amendment protects the right to speak and read 
anonymously, the brief explains.

Additionally, the brief continues, there is reason to question whether the government has shown probable cause to 
believe that the DisruptJ20.org website shows evidence of criminal intent or the planning of criminal activity. 
Public Citizen last week filed a motion to intervene on behalf of three Does after Chief Judge Robert E. Morin said 
the platform company DreamHost must hand over some user information about the website’s visitors.

Today’s brief asks the court to should pause proceedings until the anonymous users can file an appeal if the court 
does not exclude email communications or listserv addresses from the warrant.

Public Citizen attorney Paul Alan Levy, who authored the motion to intervene and today’s brief, is available for 
comment.

The brief and motion to intervene are available here. 

###

View this note on our press page.

© 2017 Public Citizen • 1600 20th Street NW / Washington, D.C. 20009 • unsubscribe



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