Intellectual Property Law

Law Shielding Cops Faces Court Challenge

By David Kravets

A Florida man facing a year in jail for the online posting of a local police officer’s phone number and address is challenging the 37-year-old state law on First Amendment grounds.

Arizona is believed to be the only other state with a similar law. A similar Washington state law was overturned on First Amendment grounds in 2004.

The Florida federal court case is being brought by Robert Brayshaw, who posted the personal information of a Florida officer last year on the popular website Ratemycop. The statute does not require that the information be published on the internet. A local judge tossed the case on procedural grounds, saying prosecutors failed to bring the case to trial within Florida’s 90-day speedy trial rules.

Brayshaw’s attorney, James Green, said his 34-year-old client was the only person ever facing trial for allegedly violating the 1972 law that carries a maximum one-year jail term. His client brought suit (.pdf) Friday in federal court to overturn the law in a bid to continue exercising his First Amendment rights of speech, Green said.

“Why do you publish truthful information generally? Do you need a reason to publish truthful information? I suspect that the answer is that you don’t. Speech, especially truthful speech, should be free. You don’t need a reason to do it,” Green said.

The statute in question, Fla. Stat. 843.17, is designed to protect the privacy and safety of police officers.

Brayshaw, according to Green, posted comments about Tallahassee Police Officer Annette Garrett, and her name and home address. He wrote that she was rude to him when investigating a trespass call at an apartment complex he was managing. He was arrested and spent a night in jail in May 2008, Green said.

The authorities learned of his identity, Green said, after subpoenaing records from Ratemycop and the defendant’s ISP.

Ironically, Green said, the officer’s name and address are posted on the Leon County Clerk of the Court’s website in Florida.

See Also:

• GoDaddy Silences Police-Watchdog Site RateMyCop.com ? Update …
• Verizon: Suing Us For Turning Over Customer Call Records Violates …
• Court Strikes Down Internet Censorship Law Intended to Protect …
• Bloggers Gain Libel Protection
• ‘Skanks’ Blogger Unmasked by Google Vows to Sue Company
• MySpace Diatribe Brings Death Threats
• Yahoo Spouts First Amendment Doublespeak in Dissident, Nazi …

Full post as published by Threat Level on September 22, 2009 (boomark / email).