We all know Matt Hart, special prosecutor, was willing to work the press to get Mike Hubbard. AL.com clearly was OK with this.
AL.com, rightly, opposes…
Alabama Media Group has asked the judge in House Speaker Mike Hubbard’s ethics case to quash a subpoena by Hubbard’s lawyers seeking the identities of two anonymous commenters to news stories on AL.com.
In a motion filed Wednesday, AMG asks Lee County Circuit Judge Jacob Walker to block the subpoena because it violates a right to anonymous free speech under the First Amendment and because it violates Alabama law and rules of criminal procedure.
Walker has scheduled a hearing on the matter May 24.
The subpoena, issued on April 26, seeks information about the accounts of commenters “Reaganwasbetter” and “noonewouldusethis,” including email addresses, IP addresses and any and all registration information.
In its motion to quash, the media group asserts that courts across the country have held that anonymous speakers posting on the Internet are entitled to free speech protection.
In the motion, AMG says the right to anonymous free speech is not unlimited and that courts have established guidelines to determine whether a defendant’s subpoena supersedes the right.
Many trolls are scared right now.
A key point is whether the information sought by the subpoena is essential to the defense’s case, according to the company’s motion.
The media company asserts that posted comments identified by Hubbard’s lawyers do not satisfy the factors that would outweigh the protection of anonymous free speech.
The media group also asserts that under Alabama law and criminal procedure rules, subpoenas are used to obtain evidence, not for discovery in hopes of finding something helpful for the defense.
This is an attempt by Hubbard to prove Hart is unethical. (He is.)
I kinda hope Hubbard unmasks these trolls, I don’t think he will succeed or should.
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