Tuesday, April 22, 2008

Landmark Legal Decision: NJ Supreme Court Stands Up For Internet Rights

DaTruthSquad can remember when there were a handful of anti-Mosked Man cronies who supported da way da Manalapan Legal Dream Team, on the behest of da Andy Boy & Queen-led Manalapan Township Committee sent their attack lawyers to unmask not only da identity of daTruthSquad, but also asked for a laundry-wish-list of information about those who read or even post on this site.

There were a small minority of those who felt that having someone's private information violated was absolutely justified, that is, as long as it was in that small minority's best interest.

However, there were some others, using established case law, state law uphed at it's highest level, and also laws upheld in the nation's highest court who felt differently.

In a case that vindicates everything daTruthSquad believes in, the New Jersey Supreme Court ruled that yes - you da people whether you use your real name online, a fake name, or even like our Founding Fathers were to remain "anonymous" - you have an expectation of privacy when you're online, and if someone, even as large as da Manalapan Legal Dream Team wants to have that information for whatever reason, they can't just go and hand out subpoenas like candy --- they need a grand jury warrant to gain access to your private information!


Last year, DA MANALAPAN LEGAL DREAM TEAM, as a part of da now-famous "land-deal-gone-bad-so-let's find-out-who-da-blogger-is" legal case of "Da Township of Manalapan vs Da Mosked Man," simply sat at their desk and fired off a subpoena, sent it all da way to California, and demanded from Google a laundry list of details about da blogger known as daTruthSquad, and those who comment on it.

They also wanted to obtain "copies of posts and comments," "emails sent" to daTruthSquad, "da source of da information posted on da blog" (daTruthTellers), and da open-ended "any other information associated with this account."

How strong was da subpoena sent by da Manalapan Legal Dream Team to Google?

In this letter dated November 8, 2007, da Manalapan Legal Dream Team admits they will have to send another subpoena since the one they originally sent was flawed and unenforcable according to da law!


Now, da EFF representing daTruthSquad and Free Speech gave every possible opportunity for da Manalapan Legal Dream Team to focus on da terra firma and not on da First Amendment. Da Dream Team's last reply, saying da EFF was making “time-wasting, unproductive, and unprofessional threats” is an absolute must-read on how YOUR TAX DOLLARS are being spent.

Superior Court Judge Flynn made his ruling crystal clear from da bench, saying,"And I [...] recognize that there are First Amendment issues with regard to disputes with the past administration. And that anyone [...] has a right to make their feelings clear. And they have a right not to be intimidated by the issuance of discovery requests in order to shut them down. For that reason, in many ways, the authority cited by the intervenor is correct and accurate. And first of all the [...] blogger, if in fact it’s an individual person, and I’m assuming absent any evidence that it is another individual person, has a right not to be drawn into the litigation and forced to reveal identity or to impede on his or her First Amendment rights simply on a suspicion..."

In the case before the NJ Supreme Court, a woman was charged with second-degree computer theft after she hacked into her employer's computer system from her home computer. Police got her identity from Comcast by submitting a municipal court subpoena. The NJ Supreme Court said while the police had the right to investigate, they should have used a grand jury subpoena.

From the Newark Star Ledger report, "The New Jersey Supreme Court is the first in the nation to recognize a reasonable expectation of privacy when using the internet anonymously," said Trenton-based attorney Grayson Barber, who represented six privacy rights organizations as a friend of the court. "'I think this reflects the reality that most people do expect a measure of privacy when they are using the internet anonymously."

DaTruth is, average citizens deserve da right to speak their mind without fear of retaliation or retribution. We have all seen vitriol on other Internet message boards by "Gang of Three" supporters, and even in da local Snoozepaper in their so-called reporting on this blogger. Imagine if you will if everyone was forced to use their real names? Imagine da retaliation that some could muster against them? While da Gang of Three in Manalapan may not want you to know that, our Founding Fathers certainly did!

Remember, it was Revolutionary War heroes such as Benjamin Franklin, Thomas Paine, Alexander Hamilton, John Jay, and others who wrote anonymously to alert da public to what was really happening in their cities and towns. If it weren't for them, we might all be singing "God Save Da Queen" at sporting events and in da classrooms.

DaTruth is, what da court said in this Cape May County case is, if you feel a law has been broken, and da keywords here are "law broken," then police should, and da keyword here is "police" have every right to conduct a legal investigation - just do it within da law.

Da difference here is what da Manalapan Legal Dream Team did was decide arbitrarily that da Mosked Man may or may not be daTruthSquad, so let's spend taxpayer money and find out anyway, even if we don't send a legally valid subpoena.

While we're on that subject, do you wonder exactly how much money da Manalapan Township Committee, led by da Queen Mayor and alleged Manalapan/and or Freehold resident Andy Boy spent on da case of "Da Township of Manalapan vs Da Mosked Man" using YOUR TAXPAYER DOLLARS?

A number of politicians are on da record saying no money has been spent. Can that be true? If it is, then why have there been bills paid to members of da Manalapan Legal Dream Team? How much are those bills? What "itemized services" do those bills cover?

Maybe it's time Snoozepaper editor Mark Rosman does another investigative report to uncover that? Maybe Bozo Bean should ask that question? Maybe da Asbury Park Press?

If they don't - or won't - then maybe you should. Go to a Manalapan Township Committee meeting and ask that question for yourself. See how da Queen Mayor answers it - or doesn't answer it.

Maybe it's time for a Freedom of Information Act inquiry into how much taxpayer money has been spent on da Dreyer Patch and da "Township of Manalapan vs Da Mosked Man" lawsuit for a site cleanup that costs a mere $15,000, which is what they agreed to pay for da cleanup of a home oil tank on da property that everyone knew was there yet agreed to still buy da property to expand da Rec Center.

DaTruth is - it's your money and it's being spent by politicians. You not only should know how it's spent, but you have da right to know how these career politicians spend every dime of YOUR MONEY.

It's when we don't ask questions, or blog, or point out what we believe to be wrong, or stand up against the political machine acting in its own self-interest, or question what propoganda shows up in a local Snoozepaper - that's when Democracy falters. Great patriots like Alexander Hamilton, John Jay, and a host of others well known and lesser known who shed blood on battlefields from Yorktown to Monmouth wrote, fought, and died so we may have da right to speak out - and yes - anonymously.

Never forget what they fought for, despite what da political machine tells you - and that's daTruth!


Anonymous said...

How funny is this? You rant about how Da mosked Man was railroaded yet conveniently omit any mention of how HE is now trying to obtain the identities of those criticizing the Manalapan Players. Pot calling the kettle black?

Wyatt Earp, MD said...

1. At least he's not using taxpayer money to fund a political witch hunt.

2. He's a private citizen who is being wronged, as he claims, and has the right to find out who is accusing him.

3. Unlike the Manalapan Dream Team, he apparently is doing it legally and not indiscriminately.

Anonymous said...

To the first poster here, YOU conveniently forget to mention the differences between the two cases. In daTruthSquad case, the elected officials were trying to attack people who expressed their OPINION about the government and the fact that this government is out of control and viciously attacks its enemies with taxpayer's money. In the case handled by Moskovitz, there is no government agency involved. There were disgusting defamatory attacks (pretty much like those the gang of three have been posting on NJ.COM against their enemies) against innocent private citizens which attacks are not protected by the first amendment. The first amendment protects freedom of ideas, it never protected the brutal attempt to unjustifiably slay someone's reputation by printing lies about supposed criminal acts that were committed or lawsuits they brought, especially when there never any crimes and they never brought the lawsuits, etc.

Another major difference is that Moskovitz is an attorney. He gets PAID to represent clients who are entitled to representation whether you think what they're doing is popular or unpopular, just like Abraham is paid to sue Drew's father. Stu was AUTHORIZED to bring the lawsuit, unlike Daniel McCarthy who did it on his own at the request of Norman Kauff who, to the best of my knowledge, was never elected by the taxpayers of Manalapan. Now that McCarthy's embarrassed the entire Township, he wants YOU to pay for it. McCarthy wasn't representing a client, he was a loose cannon who controls the township committee by financing their campaigns, when it should be the other way around. The only reason that case is allowed to continue is that McCarthy financed campaigns for Roth, Lucas, Shapiro and Gennarro, and, indirectly by wheeling, Klauber. So none of them are ever going to demand that the case be sent to the death it deserves. The case being handled by Moskovitz was fully authorized by the board of directors of the Marlboro players. It's not his lawsuit, it's his client's legitimate lawsuit. In other words, he's doing the job he's paid to do. That's something Lucas, Roth, Klauber, Shapiro have never done --certainly not as township committeepeople -- so, naturally, you wouldn't understand that concept. Of course, you guys have never let the facts stand in the way of a good attack, have you?
But here's my question to the trolls who are attacking the fact that Moskovitz is doing his job to protect his client: How is it possible that Stu is handling this case for these clients when you keep posting that he has no clients? (you'd also have us ignore the fact that Stu represents family members of the two people who like to spend all day posting that nonsense, Lucas and Shapiro).

Fed Up said...

It is simply amazing that stu is the bad guy for doing exactly what Roth said should be done when somone is slandered.

Pick a side and stick to it you Hypocritical %#(^$&^@!

Anonymous said...

The difference is if Stu went on a fishing expedition to unmask people he doesn't like and use taxpayer money to do it, then he would be like the Queen of Mean.

I'm sure the Transcript will be writing about this soon. All Kathy Barata needs is the go-ahead from the Queen of Mean, her editor, to print her story.

Anonymous said...

Lots of people at the township meeting last night complaining about this.... NOT!

Face is, the people of Manalapan (and the rest of the country) are sheep. No one cares enough to speak up when the think something is wrong.

Anonymous said...

Then thank goodness for blogs like this so people can really see what is happening in Manalapan and small town America.

Anonymous said...

This is from NJ.com before someone there deletes it. It shows you people in Manalapan are being screwed by your politicians.

2832. so far, it appears that they've
by notranda, 4/24/08 16:48 ET
Re: malfeasance by websterknows, 4/24/08
already been billed about $30,000.00. It's all been covered up, because Andrew and Michelle told the public they weren't paying Caroline to monitor the case. That was a lie, and her bills -- which are public record -- prove it. They also approved bills by McCarthy to go after daTruthSquad in this case. They've also paid Weeks, the attorney who's on a contingent fee basis, for "disbursements." They forgot to mention that little "disbursements" gimmick. They also paid a so-called expert $10,000 to give an opinion that there was legal negligence, and he never mentioned the 2004 court order, the statute allowing Manalapan to go after the homeowner (making the whole case against the lawyer not only useless, but unwinnable), the tort claims act, or any of the other reasons Manalapan can never win this case. They've also paid the engineer to work with the attorneys; that's on top of the $30,000. But it's all worth it to Michelle and Andrew, because, after all, they're not paying for it, YOU ARE. Wouldn't you like to be able to use taxpayer money to go after anyone you didn't like with a bogus claim? Just remember in November. Although I'm sure you'll be reminded. LOL.

Anonymous said...

Changing Times Too

I just read Mark Rossman's "Breaking News" story in the April 23rd, News Transcript online. Rossman states that the final cost for the remediation was $10K and change. Now interestingly Mark Rossman wrote an editorial in a September 2007 issue of the Transcript where he discusses the cost that unwitting taxpayers (you and me) are paying for this lawsuit. To quote Mr. Rossman "there are 4 lawyers working in this case." Mr. Rossman also got a got a quote from Greg Valesi the township engineer "that this remediation (oil tank)with his engineering fees would run between 80K and 115K." Well the cost to remediate is 10K and change. Rumor is Valesi's engineering bills exceed 50K !! Yes you read correctly. So I hope that Mr. Rossman does a follow up to his very well written and eye opening piece from September 2007 to alert the public of what this is costing us. Did anyone ever sit Mr. Moskovitz down and discuss this case with him before they proceeded against him for a 10K clean up? How is it that the engineer gave Mr. Rossman a cost figure of 80-115K in September 2007 for this clean up? Do you think his figure for clean up was significantly off base??? To spend this type of money on engineering not to mention the 30K reportedly spent on legal is outrageous. Now the Queen of Mean is going to come crying to us her voting public that she has no choice but to raise our taxes?! Look at what Freehold they cut 10 jobs at townhall to close their budgetary gap and they aren't spending capital money nor are they using taxpayer money on a political agenda. Roth brags that she has an MBA and is fiscally prudenent, maybe with her own money, but not with your tax dollars or mine!! T I hope that Mark Rossman does a follow up editorial and exposes all the facts to us the taxpaying victims of this political charade!! We certainly aren't going to get the truth from the leader of this town, the infamous Mayor Michelle B. Roth.

Anonymous said...

Changing Times Too

I should have included this in the above but I am was cooking and typing at the same time!


Anonymous said...

I read nj.com and then the transcript. I hope that there is an investigation of all the legal and engineering bills for remediating the Dreyer house.

The entire township committee should be ashamed of themselves. The taxpayers are getting beaten up everyday at the gas pump and the grocery store due to rising costs. Now we learn all this money was wasted for a 1,000 dollar clean up?
Time to kick all the elected officials out in Manalapan.

Anonymous said...

60k in engineering bills for a 10k clean up? Where did this engineer get his original set of numbers for 80k to 115k?

They are suing Moskovitz claiming he gave them bad legal advice on the house because of the issue of the underground oil tank. I am wondering did the committee base their decison to sue Moskovitz from the engineers report for the cost of the clean up? If they did, they look very foolish.

Anonymous said...

I agree with the above post.

What a waste of taxpayers money.

Vote for Budai and Johnson in November.

We need a change.

Anonymous said...

Changing Times Too

Roth went to Trenton recently to complain to Corzine about the budget cuts.

To paraphrase Roth she said that there is something dreadfully wrong with the purchasing system in municipal government. She talked about field lights donated by Manalapan Baseball that were purchased at a much better price than what the town would have had to pay for them due to the current system.

Roth said she went to Trenton to represent the people of Manalapan and not her Democratic party.

Thats all very nice but Roth, has just been proven to be a hypocrite and that she has double standards. Roth cries to the governor and the public listening that the system for purchasing and pricing of municipal equipment is handled all wrong. Now we learn the truth about the cost of legal and engineering bills in excess of 110K for a 10K Dreyer Gate clean up? Roth critized Corzine. Roth needs to see that her system of spending our money in Manalapan needs fixing too. Why didn't Roth go out to bid on the engineering fees for the Dreyer clean up? Isn't work to be done costing over 17,500 in the town required to go out for bid?