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The blogger in Jacksonville, Florida whose identity was outed to the church he attended and criticized is suing the sheriff's department and prosecutor's office over having his name revealed to the church despite the investigation finding no wrongdoing on his part.
A formerly anonymous blogger who criticized his prominent Southern Baptist pastor has sued police and state prosecutors for revealing his identify to the church even though an investigation showed he had done nothing illegal.Tom Rich and his wife Yvette, until recently members of First Baptist Church in Jacksonville, Fla., for about 20 years, filed a lawsuit April 27 claiming that involvement by government officials violated his rights under the First Amendment of the Constitution.
More details:
Rich started his blog after noticing differences in preaching style, fundraising and church administration between Mac Brunson, who became pastor of the Southern Baptist megachurch in 2006, and his predecessor, Jerry Vines, who retired in 2005.Rich created the blog anonymously, he said, to encourage open and honest dialogue without getting into personalities.
Last fall Robert Hinson, a police officer and First Baptist member who also serves as a member of Brunson's security detail, opened a criminal investigation into the blog at the request of church leaders. He subpoenaed Google and Comcast to find out who owned the blog.
After closing the investigation, Hinson told the church that Rich was the author. The church then issued trespass warnings against the Riches. Not allowed on church premises, the couple sought out a new church.
Rich claims the Jacksonville Sheriff's Office investigation and subpoena issued by Assistant State's Attorney Steven Siegel violated his right to free speech, which includes the right to speak anonymously.
He also alleges that the investigation violated the First Amendment clauses that prohibit the establishment of religion and guarantee free exercise of religious beliefs.
The lawsuit alleges the criminal investigation was "fabricated to create the illusion of legitimacy" but really was "a mere pretext for the discovery and disclosure" of Rich's identity to the church.
By investigating the blog, the lawsuit says, Hinson, "acting under color of state law, spent taxpayer money and government time prosecuting an errand of the church and in so doing acted as an extension and enforcer for a particular religious entity."
The lawsuit claims the actions were "deliberate and malicious" and served "no governmental interest." It seeks damages in excess of $15,000.
I hope he wins and wins big.
Politics
Comments
Robert Hinson and Steven Siegel should be disciplined or fired for using their offices and authority to engage in a religious vendetta
Posted by: Kevin | May 10, 2009 9:40 AM
Was it a case of steeplejacking to begin with?
Posted by: Coturnix | May 10, 2009 9:49 AM
Whatthehell kind of pastor requires a "security detail"? This is not the kind of Christianity I used to practice.
Posted by: Eamon Knight | May 10, 2009 9:55 AM
Hopefully he'll win big and get his story publicized in the mainstream media portraying the legacy of this right. One example by the framers was publishing The Federalist Papers under pseudonym. I'm sure there are other even more appropriate examples from that time given the authors didn't attempt to remain permanently anonymous like this plaintiff might have intended.
Posted by: Michael Heath | May 10, 2009 10:08 AM
I think his damages amount is missing a couple of zeros.
Posted by: Ferrous Patella | May 10, 2009 11:58 AM
Civil R.I.C.O. allows an award for treble actual damages or punitive damages (but not both). Of course, this type of Abuse of Process is crying out for Criminal R.I.C.O.
Posted by: kehrsam | May 10, 2009 12:26 PM
Am I the only one who thinks the First Amendment argument isn't the strongest legal argument he could be making? Maybe he should tack on due process and search and seizure violations.
Posted by: FishyFred | May 10, 2009 2:00 PM
@FishyFred:
Implicit in a 1st Amendment argument is a due process claim (since there's no way to apply the 1st to the states without it). Also, I'm fairly certain his lawyer is going to argue everything that's relevant. I'm going to guess an article written by "Associated Baptist Press" didn't spend a lot of time hashing out the legal argumentation.
Posted by: Brock | May 10, 2009 3:07 PM
Any idea if he's got a legal defense fund? If so, I'd like to contribute.
Posted by: lauram | May 10, 2009 4:46 PM
I'm still curious as to how they ever got a subpoena.
Posted by: Ace of Sevens | May 10, 2009 5:55 PM
Possible reason for subpoena, according to this post at Tom Rich's blog:
http://fbcjaxwatchdog.blogspot.com/2009/04/times-union-jso-and-fbc-jax-troubling.html
Posted by: Monimonika | May 10, 2009 6:27 PM
Oh, nevermind, what I just posted was already mentioned in the news article.
Also, I'm not sure where I read this, but not only was there no police report filed about the "stolen mail" and "photo taking" incidents, but that the investigation records themselves are now gone due to routine throwing out of old case notes after a certain number of months/days(?). Convenient, huh?
Posted by: Monimonika | May 10, 2009 6:45 PM
By the way, if you ever want to start an anonymous blog and keep it that way, make sure it's truly anonymous.
Posted by: Tor | May 10, 2009 7:03 PM
I wondered the same thing as soon as I read that as well.
What concerns me the most is that a church somehow convinced a government official to begin an investigation at all.
Posted by: Pi Guy | May 11, 2009 8:42 AM
The government official (police officer) was a member of the church, that's how. Not a conflict of interest at all.
Posted by: Dugglebogey | May 11, 2009 2:58 PM
Larry Sinclair lost his fight to try to find out the identities of some bloggers. Why did comcast give the info?
Posted by: sus | May 12, 2009 9:07 AM
I think Mac Brunson should step down as pastor of First Baptist. This is clearly a case of SIN! Bringing dishonor to our Lord and Savior Jesus Christ and His Church is WRONG! This will catch up with all who are involved in this SIN. Unless, there is true repentance. The First sign would be Mac Brunson and the other Church leaders to step down and 'GET OUT OF THE WAY'. Or the Church should wake-up and take care of the SIN!!! If this continues Jesus will 'LEAVE' First Baptist Church. Then it will be a 'DEAD, GOOD FOR NOTHING!' Church.
Posted by: David Walters | May 16, 2009 1:47 PM
Does anyone know the church's email addresses? I would LOVE to send them some emails in addition to the snail mail. Security detail my ass. Sounds like a Benny Hinn in the making.
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Posted by: 出会い系 | July 27, 2009 3:04 AM