Judge: Blogger may remain anonymous
Manalapan attorneys sought identity of Internet critic
BY KATHY BARATTA Staff Writer
Astate Superior Court judge ruled on Dec. 21 that the Internet search engine Google does not have to respond to a subpoena issued to it that demands it reveal the identity of an anonymous blogger.

Google hosts an Internet blog site known as blogspot.

In advancing litigation the township of Manalapan is involved in with attorney Stuart Moskovitz, who served as Manalapan's municipal attorney in 2005, lawyers representing Manalapan issued a subpoena to Google in an effort to compel the firm to reveal the identity of an anonymous Internet blogger known as da Truth Squad.

In response, the Electronic Frontier Foundation (EFF) filed a motion to quash the subpoena. The EFF asserted that compelling Google to reveal the identity of da Truth Squad would be a violation of rights guaranteed in the First Amendment to the U.S. Constitution.

EFF attorneys have declined to name the person or persons who retained their services.

A hearing on the matter was held at the Monmouth County Courthouse, Freehold, on the morning of Dec. 21.

Attorneys representing Manalapan have asserted that Moskovitz is behind da Truth Squad blog. The township's attorneys contend that the blog has been trying to subvert the Manalapan v. Moskovitz litigation by revealing information about it.

The Manalapan v. Moskovitz litigation stems from a land purchase the township made in 2005 when Moskovitz was serving as the township attorney. The litigation alleges that in preparing a contract for the land purchase, Moskovitz did not provide Manalapan with sufficient protection in the event that contamination was found on the property. Contamination was eventually discovered on the property, which is on Route 522 in front of the Manalapan Recreation Center.

Appearing before Superior Court Judge Terence Flynn on Dec. 21, attorney Dan McCarthy, representing Manalapan, told Flynn that regarding the identity of da Truth Squad, "You read these (blog entries) and you come to the inescapable conclusion it's Mr. Moskovitz or someone for him."

McCarthy alleged in a previous brief thatMoskovitz is da Truth Squad blogger.

Moskovitz has steadfastly maintained he is not da Truth Squad.

"If you gave me truth serum I couldn't tell you who it is," Moskovitz told the judge.

McCarthy and David Weeks, another attorney representing Manalapan, said if Moskovitz is proved to be da Truth Squad, that would establish his credibility or lack thereof as a witness in a potential trial on the underlying malpractice litigation.

At one point during the hearing Moskovitz asserted as he has in the past that the litigation filed against him by the Manalapan Township Committee has nothing to do with work he did as the township attorney two years ago, but is politically motivated.

Weeks, who is working on the case on a contingency basis, responded by telling the judge that he took on the case based on what he said were the merits of the initial malpractice claim.

Weeks said he is not involved in any Manalapan politics and told the judge he could not even tell him the names of all the people who are on the governing body.

In the end, Flynn said he did not believe that identifying the anonymous blogger was necessary to the underlying issues of Manalapan's litigation against Moskovitz - which is a malpractice action stemming from the matter of the land purchase.

Flynn said although he was denying Manalapan's subpoena seeking the blogger's identity from Google, he was not going to issue the protective order EFF had also requested.

Flynn denied Moskovitz's request for sanctions against Weeks and McCarthy for having filed the subpoena with Google. Moskovitz sought $5,000 from McCarthy and requested that the attorney be precluded from any further involvement in the litigation.

Moskovitz sought $2,000 from Weeks and to have the judge "inhibit" Weeks' ability to seek information during the discovery phase of the litigation that will precede any trial date.