Monday, December 24, 2007

Da First Amendment is Safe - For Now!

As you have read on blogs worldwide and in da Asbury Park Press, da court case on Friday in Monmouth County Superior Court in NJ didn’t go very well for da Manalapan Legal Dream Team. Representing daTruthSquad, attorney Frank Corrado and Electronic Frontier Foundation attorney Matthew Zimmerman presented a case showing clearly one of da 2 subpoenas tossed daTruthSquad’s way was called a “bogus” subpoena, and da other was dead on arrival.

In da end, Judge Terence Flynn realized that this was a serious affront to da First Amendment of da Constitution and ordered da unenforcable subpoena and da other subpoena desired by da Manalapan Legal Dream Team to be quashed, giving da Electronic Frontier Foundation a victory on First Amendment grounds, and da Dream Team a black eye.

Judge Flynn made his point very clear in court, saying da demand of da Manalapan Legal Dream Team was “an unjust infringement on the blogger's First Amendment rights."

What da Dream Team wanted was information on daTruthSquad, because as they claimed, they believed da blogger was none other than Stuart Moskovitz, da defendant in da case of “Da Township of Manalapan vs Da Mosked Man.”

In court, Dream Teamer David Weeks told da court, "The fact of the matter is that you read that thing and you come to the conclusion that it's either Moskovitz or it's his alter ego," Weeks said in court. "When you read these blogs . . . da-Mosked Man is da hero of da blog and everybody else is da bad guys."

In addition, Dream Teamer Daniel McCarthy laced a legal brief with at least 18 references where he clearly claimed daTruthSquad was da Mosked Man.

Even through da Mosked man signed a legal paper saying he wasn’t daTruthSquad, da Manalapan Legal Dream Team, paid for with YOUR TAXPAYER DOLLARS pressed forward, deciding not to believe da Mosked man.

Enter da Electronic Frontier Foundation, and attorney Matthew Zimmerman.

"Bloggers, as well as everyone else, have a First Amendment right to speak anonymously," said EFF Staff Attorney Matt Zimmerman. "Litigants don't get a blank check to pry into the private lives of critics when they say things the litigants don't like. The fact that it is the government trying to abuse the discovery process makes this attempted invasion of privacy all the more repugnant."

Mr. Zimmerman tried on several occasions to save da court time and da people of Manalapan money by explaining exactly what da First Amendment was all about, letting them know their original subpoena was against da law and displaying previous legal verdicts - including Federal law & a major NJ legal case - all in vain as da Manalapan Legal Dream team would hear none of it.

Apparently, da Manalapan Legal Dream Team and da Township Committee's Gang of Three (hear no evil, see no evil, and looking evil) underestimated cyberspace. This story, conveniently withheld from da taxpayers of Manalapan by a local Snoozepaper was instead picked up by bloggers in North America, Europe, and Asia, and read by readers in all parts of da world.

Da Star Ledger of Newark chimed in, writing a scathing editorial of a town and it's politicians running amok.

"Town leaders should take a refresher course in the First Amendment as well as the state constitution. Bloggers, like leafle teers, have a right to anonymity. As the U.S. Supreme Court noted 10 years ago, the fact that the kvetching is being done on line doesn't change that basic rule."


This story of a town’s political leaders threatening to remove da First Amendment from da lexicon of our landscape also gave us da quote of da year!

"Da First Amendment didn't mean to provide for anonymous bomb throwing. I’m fairly certain that’s not what the First Amendment or the founding fathers meant when the First Amendment was drafted."

That quote was not said by some drunken spectator. That quote came from Manalapan Township attorney Carolina MachoGrande, also known as State Assemblywoman-elect Carolina MachoGrande! Yes, the person who is “fairly certain what da Founding Fathers meant” will be making laws in Trenton for all NJ residents!

Just when you thought New Jersey couldn’t get any worse…

In da end, you da readers and da TruthTellers saw through what da Manalapan Legal Dream team was trying to do.

Question is, what if da Electronic Frontier Foundation didn’t get involved?

Imagine if you will their case just for bringing da subpoena to Google regarding daTruthSquad. They had absolutely no concrete evidence that da Mosked man was da blogger. They just thought it was.

Are you kidding? Benson & Stabler on Law & Order SVU couldn’t get a search warrant with that flimsy evidence, and they’re television characters!

This means if they were successful, then anytime a person, including anonymous writers wrote or said something that some politician – any politician didn’t like, they could use YOUR TAXPAYER MONEY to go to court and get your name and any other info they wanted.

If you thought George Orwell’s 1984 or living in North Korea was bad…

Right down da road from Manalapan Town Hall is Monmouth Battlefield, where over 300 brave souls gave their lives in defense of liberty against tyranny. Anonymous writers, or “anonymous bomb throwers” as soon-to-be-State Assemblywoman MachoGrande calls them wrote da Federalist Papers, an outline of da Constitution which allowed that great document to be ratified, which included da First Amendment to da Constitution – Freedom of Speech.

Can you even imagine being persecuted in this great nation because some politician didn’t like what you were saying?

During da recent New Jersey legislative election, da Republican MachoGrande and her running mates didn’t have very nice things to say about the incumbent elected representatives. I wonder how she would have felt if da former elected official sued her, or handed out subpoenas like candy to her or her anonymous political writers whether they were telling datruth or not?

That could have been da future if da Manalapan Legal Dream Team had its way, and there wasn’t an Electronic Frontier Foundation to stop them.

DaTruth is, your right of Free Speech was upheld by Judge Flynn, Matthew Zimmerman, the Electronic Frontier Foundation, and Frank Corrado. They all deserve your praise, because each realized da First Amendment implications that da Manalapan Legal Dream Team were trying to do away with, all because of their “hunch” about da identity of daTruthSquad.

Judge Flynn made very clear that this was a First Amendment decision, and went as far as to grant the protection order. Judge Flynn used da rule of law, not "hunches" that suit da manalapan Legal Dream team.

"We're grateful that Judge Flynn upheld the First Amendment rights of our client and recognized that anonymous speakers should not be intimidated into silence through the discovery process," said EFF Staff Attorney Matt Zimmerman. "Now 'daTruthSquad' can continue to discuss township business without fear of government reprisal."

DaTruth is, we all came very close to da erosion of da First Amendment of our Constitution, all because da members of da Manalapan Legal Dream Team had a “hunch.”

Or was it a hidden agenda?

Now that Judge Flynn reminded us all you cannot take away anyone’s First Amendment rights, and it doesn’t matter whether it’s a “hunch,’ or a little birdie tells your or the answer came to you on a Oijia board. You need evidence, and that’s something that it appears da Manalapan Legal Dream Team is lacking.

Finally, one last thing about “anonymous bomb throwers.”

"Da First Amendment didn't mean to provide for anonymous bomb throwing. I’m fairly certain that’s not what the First Amendment or the founding fathers meant when the First Amendment was drafted."

Soon-to-be State Assemblywoman Carolina MachoGrande made that now-famous Shock Quote at a November 28 Manalapan Township Committee meeting. It is not in dispute what she said, because it’s on tape and da evidence is now in da possession of daTruthSquad.

DaTruthSquad does not want or need an apology from MachoGrande for such a rediculous comment. However, da apology from MachoGrande should be made.

Those deserving it are Benjamin Franklin, Alexander Hamilton, Chief Justice John Jay, and James Madison. DaTruthSquad will not speak for these great Patriots, but I personally do not believe they were “anonymous bomb throwers.” We owe da Constitution and da First Amendment to these great men.

Da people of da 12th Legislative District of New Jersey deserve an apology, as do da people of Manalapan.

Mrs. MachoGrande, do da right thing. DaTruthSquad and da TruthTellers will be watching.

Da Manalapan Legal Dream Team lost this epic battle that placed little Manalapan Township in da focus of world opinion. Da Manalapan Legal Dream Team also lost their chance to take da First Amendment away from all of us. It was a close call – but it was also a very important wakeup call.

Thanks to da Electronic Frontier Foundation and attorney Frank Corrado, and a little courage, da First Amendment of da Constitution is alive and well and allowed to live in Manalapan, and all da Manalapans of our great nation.

And that’s daTruth.

35 comments:

Anonymous said...

That's not the only constitutional principle that the gang of three want us all to forget. How about "no taxation without representation." Remember that one? Mayor Andrew Lucas gave us the highest tax increase in the history of Manalapan. Did you vote for it? Neither did I. Andrew Lucas did. And he lives in Freehold. No, that's not a rumor. We've just learned that Stu Moskovitz served Andrew Lucas with his own personal copy of the lawsuit Stu filed against Andrew for violation of his own first amendment rights -- Andrew didn't want Stu working on a campaign against him this year -- at Andrew's home in Freehold. And, for good measure, Stu had pictures taken of Andrew's car in the driveway of his Freehold home, complete with license plate numbers, and, for good measure, Andrew's wife's car complete with license numbers. This should get interesting real soon. Just out of curiousity, reorganization day is a week away. Will any of the appointments made with Andrew as the third vote be valid? Or will there be yet another lawsuit to declare null and void any appointment made with Andrew as the third vote? And if the Township loses money because Andrew is a resident of Freehold, and all his votes are invalid, will Manalapan sue Andrew Lucas? Like every other lawsuit, I guess it will depend on whether there are three people against Andrew in January, or three people against Andrew the following January, when the lawsuit can still be brought.

45 said...

Here's some history to help you understand the context in which not only the first amendment, but the fourth and fifth amendments were drafted.

Wilkes and The North Briton, issue no. 45, were famous in the American colonies. This is the language of the odious general warrant under which Wilkes was arrested:

"George Montague Dunk, earl of Halifax, viscount Sunbury and baron Halifax, one of the lords of his majesty's most honourable privy council, lieutenant general of his majesty's forces, and principal secretary of state: these are in his majesty's name to authorize and require you (taking a constable to your assistance) to make strict and diligent search for the authors, printers and publishers of a seditious and treasonable paper, intitled, The North Briton, No 45, Saturday, April 23, 1763, printed for G. Kearsley in Ludgate-street, London, and them, or any of them, having found, to apprehend and seize, together with their papers, and to bring in safe custody before me, to be examined concerning the premisses, and further dealt with according to law: and in the due execution thereof, all mayors, sheriffs, justices of the peace, constables, and all other his majesty's officers civil and military, and loving subjects whom it may concern, are to be aiding and assisting to you, as there shall be occasion; and for so doing this shall be your warrant. Given at St. James's the 26th day of April, in the third year of his majesty's reign. DUNK HALIFAX"

19 Howell's State Trials 982: The Case Of John Wilkes, esq. on a Habeas Corpus, Common Pleas, Easter Term: 3 George III. A.D. 1763.

Anonymous said...

I believe if Mayor Lucas of Manalapan actually lives in Freehold, then Manalapan could again face lawsuits about appointments he makes while violating the law on living in the town he is supposedly serving.

I think if Stu really did have pictures, he better send them to the Asbury Park Press and the Monmouth County Prosecutors office because that would be election fraud.

This is a very serious question. I hope it isn't true. If it is, Manalapan is in even more trouble, and don't expectthe Dream Team to help. They haven't won anything yet and I don't expect them to be able to getthis town out of a parking ticket.

Anonymous said...

actually, from what I've seen of Casagrande (I'll have to get back to you on that), McCarthy (he is, well, he might be, no he is, I think he is, even if he isn't he is), Weeks (I'm on contingent fee, because no one in their right mind would pay me an hourly rate) and Renaud (I'm an expert, just give me $350.00 an hour, I don't need the file), I could actually believe these guys would try to plea bargain a parking ticket. Just remember folks, This is the VERY BEST that Andy (Mommy, Stu was mean to me), Michelle (I'll get you, my little pretty) and Klauber (I'll second that) could come up with. Aren't you proud of your government?

Rockville Ricardo said...

I always thought Maryland wasn't any fun. You people in New Jersey havethe market cornered on corruption. I feel bad for you.

Now I'm happy to live in Maryland.

BTW, that Dream Team sounds like a bunch of drunks who can't get out of their own way.

And I love this blog. Funny as $hi$.

Lightshines said...

Pearl Jam has written this little song about our Mayor:

Oh where, oh where, can my Mayor be?
It seems he’s moved away from me.
He's moved to Freehold, his plan unfurled,
So he doesn’t pay his tax hike that is out of this world.

We were out on a drive and we saw his car,
It was out of Manalapan, though not so far.
There in Freehold at his house straight ahead,
His car was parked, from our taxes he fled.

I had to stop, so I swerved to the right,
I'll never forget the sound that night.
The screaming tires, the busting glass,
As Andrew pulled away, to cover his ass.

Oh where, oh where, can my Mayor be?
It seems he’s moved away from me.
He’s moved to Freehold, his plan unfurled,
So he doesn’t pay his tax hike that is out of this world.

Anonymous said...

This is a very serious situation. I would find it hard to believe that Andy Boy and his new bride are shacking up in his bedroom on his daddy's farm.

If he did move to Freehold, even if the house were in hi wife's name, that still means his primary address would be out of the town he is supposed to be living in and getting hammered by the record tax increase he led and voted for.

We investigate a symphony for a few hundred dollars, but this fraud could cost us millions $$$$$.

Oh, he already is - how much is that First Amendment lawsuit he and his Dream Team of lawyers costing Manalapan. Isn't he on the record as saying it cost over $100,000 so far, and all we have to show for that six-figure disaster is a loss on First Amendment grounds.

Brilliant Andy Boy.

GLG-20 said...

With all of the discussion about where the Mayor lives, We have yet to see any proof of anything. According to public record, Andrew owns property in Manalapan. I cannot find any records of property he owns in Freehold.

If he is living in freehold, why has no proof been published? Photos of cars (even if we did see them) would not be proof. Maybe he and his wife were visiting a friend? Maybe it is a close friend the see often? Even if they were at a (legal) sex party in Freehold, it does not mean they live there.

DaTruthSqad may sometimes have opinions I disagree with, but eveyone making comment on any issue can learn something from him/her. That is, have facts to back up your conclusions. Even if I disagree with your conclusion, I deserve to see your facts.

Anonymous said...

Where is Andy "on the record as saying it cost over $100,000 so far"??

The $100,000 number was the estimate for the cleanup of the oil... NOT the cost of the legal action!

Susie Q said...

This is directly from the News Transcript.

"In response, Lucas said, "While Mr. Moskovitz's allegations are a humorous diversion from the very serious and disgraceful facts that his alleged malpractice has cost the taxpayers of Manalapan in excess of $100,000"

Lucas does not specify that this is only for the cleanup. Malpractice must also include the legal case, and the First Amendment case the Manalapan Dream Team lost in court on December 21st may or may not be included in that cost.

FYI - I'm sure Manalapan fightingthe First Amendment case was not a freebie.

Anonymous said...

Freebie?

Are you kidding??

McCarthy's firm did the 49 page legal disaster claiming Moskovitz was Datruthsquad. I'm sure he and his firm did other work too, and he was in court in person which is not free. He was being paid over $130.00 per hour according to Rossman.

I'm sure his bill alone for this First Amendment foolishness was $10,000 - $20,000. Maybe a forensic accounting of his bills ordered by Lucas & Roth would be a good idea.

This Dream Team is more like a Bad Dream Team.

Anonymous said...

With respect to residence, anyone can live at two places, but only one needs to be a legal residence. Even if you stay for months at one town's address you can still be a resident of another town.

Look at the snow birds who spend almost 6 months in Florida, but are legal residents of a northern state.

Did anyone check DMV records to see where the auto with the plates was regisitered?

Someone could have egg on their face if the car is registered in Manalapan wouldn't they.

Anonymous said...

nice try, Andrew. But since you only moved in November, the fact that you didn't follow the law and reregister in thirty days doesn't mean you don't live where you live. From what I've heard, the evidence is overwhelming that you live in your own house in Freehold, not the house where your parents still live in Manalapan that you put in your name to con the voters of the county into thinking you weren't living with mommy at the time. But that's ok, keep playing games. Make people PROVE you live in Freehold, so that there's enough evidence to convict you for voting where you don't live.

Anonymous said...

Andrew is SOOOO guilty. Every other day, he has McEnery pass on to a gullible ally another excuse for what he's doing living in Freehold, and she keeps passing it on to everyone else not realizing how she's being used. Andrew bought the house in Freehold thinking, justifiably, that he was going to lose the election (60% of the people actually did vote against him). When he won, he was stuck with a house in his name, a mortgage in his name, utilities in his name, and surveillance over a two month period showing he lived in Freehold, not Manalapan. Once the process server caught him at his home in Freehold, the party was over. The only question now is whether Andrew is going to be stupid enough to continue to play this game and risk criminal penalties, if all of this has to be brought out to protect the taxpayers.

Anonymous said...

Why does the official Monmouth County site not show this transction yet? I just checked and it is updated through December 21. How slow is this process if the transaction occured two months ago?

Anonymous said...

it takes nearly two months to record a deed -- and THAT'S if your attorney knows what he's doing and files right away. Some don't and get in deep trouble with the title agency. Then, even after it's filed, it takes a few more weeks to get on the county website.

Anonymous said...

I think if I were the "Mosked Man" I would love to be the one who turns Andy Boy in. That would be poetic justice, forcing that tax & spend loser off the township comittee. How much of a slap in the face is this - he leads the charge for the highest tax hike in town history - and he moves out!

This fraud needs to be exposed for what he is. I remember Truthsquad calling him Benedict Andy Boy.

How appropriate.

Santa Claus said...

Merry Christmas daTruthSquad.

How happy we are to have you back.

Changing Times Too said...

The current Mayor of Manalapan Andrew Lucas living in Freehold Township? Now if the subpeona that was served is written with his Freehold address as reported here, then the process server would have had to obtain his address via a utility company and or a mortgage deed. If what some are saying is so that the deed has not posted yet, does this mean that Andrew's close friend and attorney is sitting on those closing papers until after Andrew gets sworn in again for another 3 years? Does Andrew think we are stupid too? We already know that Roth does.

Anonymous said...

What is also interesting, although Shapiro's recent purchase has shown up on the Monmouth County site in early November, his sale of his Fountayne Lane residence which had to be done at or near the same time has not yet appeared.

Anonymous said...

News Transcript article got it partially incorrect.

I saw on the EFF site that a protective order was granted, so why does the story summary state the protective order was denied?

Changing Times Too said...

The previous post is correct the EFF site does have the court documents signed by Judge Flynn which includes the protective order. As to why the Ms. Barata wrote what she did is for her to explain. I read how Weeks said he does not know the names of the committee members he is hired to represent, well it is long over due
that the members of the committee be held accountable for the money they are spending. OURS.
It seems that Roth wants the nod for the chair as Mayor and based on Lucas's statements in todays NT he is going to be the 3rd vote for Roth. How do you sleep at night Andrew? Another year of selling out the Republicans. Remember Gennaro? He is who your local Republican party asked you to support. You have already angered Gennaro so badly with your bad behavior towards him that this maybe the last straw if you vote for Roth and he quits and gives up his chair. He then walks and you are stuck with a 3 -2 Democratic Committee.. Remember the Democrats get his chair back if he walks. Nice going Andrew. You want Roth in that chair as mayor to divide this town even further? She has angered the Italians, Asians and Orthodox Jews in this town. Not to mention the symphony and first aiders. This is a leader?
What a disgrace you have become Andrew.

Anonymous said...

The News Transcript story was correct. The judge's Order provided for EFF to "seek" a protective order it did not "grant" one.
The judge's moved only to quash the subpoena. All other requests (protective orders, sanctions) were NOT granted.

Anonymous said...

I remember in 2005 whenb Roth went out of her way to attack Lucas at every turn with lies and accusations. There was also that email situation that I can't remember all the details about but it went a long way to sink the 2005 Republican candidates. Now all of a sudden Andy is Roth's best friend?

If that doesn't show there was a backroom deal between Andy and the Democrats then nothing will.

I do remember when Datruthsquad first told people of the backroom deal last year and nobody believed them. I believe it now. It's too obvious to ignore. Maybe that's why Andy and Roth sent their lawyers after datruthsquad.

Anonymous said...

If "The judge's Order provided for EFF to "seek" a protective order it did not "grant" one.
The judge's moved only to quash the subpoena. All other requests (protective orders, sanctions) were NOT granted." then the News Trasncript reporter should have reported it that way. Instead she wrote it to appear that a request was made and denied.

Anonymous said...

The judge could have prevented the EFF from seeking a protective order. Since he did not, the News Transcript stoy was incorrect. wrong. There was no denial for anything the EFF requested.

Anonymous said...

How does datruthsquad know that Queen Roth will become mayor next week?

Is this backroom deal for real?

If that happens the backroom deal will be a fact no matter what Andy and his ilk say.

terri said...

I think if Roth does get voted mayor Andy boy will be the deciding vote. If that happens it will show beyond a shadow of a doubt he has sold out his party so he could be mayor this year.

DaTruthSquad was right.

Wyatt Earp exposed said...

Wyattearp1 ws exposed on the Nj.com message board. After a poster claimed it was McEnema, 4 different threads mysteriously disappeared. That poster always defended Michelle Roth, so I think the theory of the backroom deal is alive and well.

Changing Times too said...

To anonymous who responded that the NT article is correct. Please take the time to go to the Eff.org site, click the link for Manalapan vs. Moskovitz and click the court papers for December 21, 2007. Paragraph 1. The judge quashes the subpoena and grants a protective order.

Now as for Lucas and his deals.
His municipal chair does not want Roth to be Mayor, his vice municipal chair does not want her, his party does not want her but he does! So what is his explanation for voting for her? He can't stand Gennaro?

So what about Susan Cohen his running mate and fellow Republican?

If he votes for Roth the proverbial s$it will hit the fan.

Manalapan Sam said...

I don't agree with you Changing. It's obvious there was a deal since Roth helped him to become mayor. He hates Susan Cohen and Gennaro. Andy Boy owes Roth, and he' so nice to her you'd think there was something going on between those two. The Squad says on the blog that she will become mayor. Last year the Squad said Andy pulled a backroom deal to become mayor. My guess is the Squad knows something here.

I don'tthink it matters to Andy Boy who is against him now. He's gone this far.

Sam

PS - It's nice to see a place where posts aren't deleted all the time.

Changing Times Too said...

Sam,

I guess the meeting that the Municipal Chair had with Gennaro telling him that at all costs Roth could not be Mayor was just for show? Or the meeting where the vice municipal chair told Cohen and Lucas that Roth could not be mayor was just for show too?

Very well let Lucas vote Michelle Roth in with his 3rd vote and give us the Queen of Mean as a mayor.

All I have to say is God help the people of Manalapan. It will mean another year of our town being written about negatively in the news.

I hope that Susan Cohen and Anthony Gennaro step up and tell us the people, what is really going on in our town.

Anonymous said...

It is simple. If he walks like a duck, quacks like a duck, looks like a duck, and votes with the other ducks, he is a duck!

If he walks with the devil, talks with the devil, looks like the devil, and votes with the devils, he is a devil.

However, if he listens to the running mate he convinced to run, or to the vice chairwoman who still believes he is basically good, or the past two Republican club presidents, or the Republicans in town, or just listens to the tenents of his professed faith, he will vote for Gennaro. Think about it. A person not tied to a party or tied to a past or current party leader, becoming our mayor... What open dialog we could have!

Anonymous said...

What, Mcenery is for Susan? Get out! He made sure a threat was left in her hands right before the debate. Mcenery wrote it and wanted it to negatively affect her performance.

Too bad it didn't work. Now he has to pretend he isn't in on the "Deal" with Andy and Michelle.

Changing Times Too said...

Agreed and politically smart.

It is best for the town, an Independent Mayor, a leader without political agendas. Imagine what it would be like to deal in the issues, no rhetoric, no hidden agendas, having our tax dollars protected and not used for political vendettas. Imagine.

Well Da Truth says Roth is Queen, I hope that is subject to change and Lucas does do what is right for this town.


Time will tell.