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!

HISTORY:

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!

Call that YOUR TAX DOLLARS AT WORK!

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!