Foundation files motion to quash Google subpoena

MANALAPAN - The Electronic Frontier Foundation (EFF) asked a Superior Court judge in Monmouth County on Nov. 28 to preserve the free speech rights of an anonymous blogger facing legal threats from Manalapan government officials.

The blogger, writing as da Truth Squad on a site hosted on Google's Blogspot service, has criticized a lawsuit filed by Manalapan against attorney Stuart Moskovitz, as well as the officials who decided to pursue the case.

The township subpoenaed Google for da Truth Squad's identity - as well as for any e-mails, blog drafts and other information Google has about the blogger - claiming that the defendant in the case (Moskovitz) is actually writing the posts.

Moskovitz has sworn under penalty of perjury that he is not da Truth Squad, according to a press release from the EFF.

"Bloggers, as well as everyone else, have a First Amendment right to speak anonymously," said EFF staff attorney Matt Zimmerman. "Litigants don't get a blank check to pry into the private lives of critics when they say things the litigants don't like. The fact that it is the government trying to abuse the discovery process makes this attempted invasion of privacy all the more repugnant."

In a motion to quash the subpoena, EFF asked the court to block Manalapan's attempt to uncover the identity of da Truth Squad and allow the blogger to continue to write about this or any other issue without being forced to identity himself or herself.

"Attempts to intimidate critics into silence need to be confronted whenever and wherever they occur," Zimmerman said. "Governmental entities simply cannot be permitted to investigate critics because they dare to voice disapproval of public officials. It remains our sincere hope that the township will abandon this intolerable legal strategy."

EFF media coordinator Rebecca Jeschke said a hearing on the foundation's motion to quash the subpoena has been scheduled for Dec. 21.