FC: Washington state goes censorhappy, bans publishing police info

[Declan McCullagh <declan () well com>]

File under:
1. Police get more rights than anyone else
2. First-Amendment-impaired state congresscritters need to be thwapped 
(painfully, repeatedly, for several hours) with a cluestick
3. Remember, the city of Kirkland threatened Politech with a lawsuit -- 
even before this bill took effect:
http://www.politechbot.com/kirkland/

Thanks once again to the fine folks at the Reporters Committee for Freedom 
of the Press and Davis Wright Tremaine, who helped out at the time.

-Declan

---

Date: Thu, 28 Mar 2002 16:25:31 -0800
To: declan () well com
From: Elena Luisa Garella <garella () mindspring com>
Subject: Re: Hilarious: Washington bill declares war on Bill Sheehan's 
website

This ridiculous bill, aimed squarely at Bill Sheehan's www.justicefiles.org 
website, passed Washington's Senate and House unanimously.  It is now 
waiting for Governor Locke's signature.  Can you count the constitutional 
problems?  --Elena Garella

See http://www.leg.wa.gov/wsladm/billinfo/dspBillSummary.cfm?billnumber=6700

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
    {+ NEW SECTION. +}  Sec. 1.  A person or organization shall not,with 
the intent to harm or intimidate, sell, trade, give, publish,distribute, or 
otherwise release the residential address, residential telephone number, 
birthdate, or social security number of any law enforcement-related, 
corrections officer-related, or court-related employee or volunteer, or 
someone with a similar name, and categorize them as such, without the 
express written permission of the employee or volunteer unless specifically 
exempted by law or court order.

    {+ NEW SECTION. +}  Sec. 2.
    (1) Whenever it appears that any person or organization is engaged in 
or about to engage in any act that constitutes or will constitute a 
violation of section 1 of this act,the prosecuting attorney or any person 
harmed by an alleged violation of section 1 of this act may initiate a 
civil proceeding in superior court to enjoin such violation, and may 
petition the court to issue an order for the discontinuance of the 
dissemination of information in violation of section 1 of this act.
    (2) An action under this section shall be brought in the county in 
which the violation is alleged to have taken place, and shall be commenced 
by the filing of a verified complaint, or shall be accompanied by an affidavit.
    (3) If it is shown to the satisfaction of the court, either by
verified complaint or affidavit, that a person or organization is
engaged in or about to engage in any act that constitutes a violation
of section 1 of this act, the court may issue a temporary restraining
order to abate and prevent the continuance or recurrence of the act.
    (4) The court may issue a permanent injunction to restrain, abate,
or prevent the continuance or recurrence of the violation of section 1
of this act.  The court may grant declaratory relief, mandatory orders,
or any other relief deemed necessary to accomplish the purposes of the
injunction.  The court may retain jurisdiction of the case for the
purpose of enforcing its orders.

    {+ NEW SECTION. +}  Sec. 3.  Any law enforcement-related,
corrections officer-related, or court-related employee or volunteer who
suffers damages as a result of a person or organization selling,
trading, giving, publishing, distributing, or otherwise releasing the
residential address, residential telephone number, birthdate, or social
security number of the employee or volunteer in violation of section 1
of this act may bring an action against the person or organization in
court for actual damages sustained, plus attorneys' fees and costs.

    {+ NEW SECTION. +}  Sec. 4.  Sections 1 through 3 of this act are
each added to chapter 4.24 RCW.

                             --- END --





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