Railroad Company Can’t Force Message Board Host to ID Posters, Public
Citizen
Tells Court
Thu, 10/25/2007 - 12:51 - newsdesk
BNSF’s Subpoena Derails Free Speech, Lacks Evidence of Harm and Fails
to Follow
Basic Procedural Rules
Oct. 23, 2007 – WASHINGTON, D.C. - A Texas railroad company is way
off track
in thinking it can force an Internet provider to uncover the names of
posters
on an industry message board, Public Citizen said in a brief filed
today in the
Superior Court of Los Angeles County, Calif.
Public Citizen opposed Burlington Northern Santa Fe Railway’s (BNSF)
motion to
compel Network54, a California-based Internet host, to reveal the
identity of
two posters on its “United Underground Railroad Message Board.”
In the brief filed today on behalf of Network54 and one of the posters,
Paul
Alan Levy, an attorney for Public Citizen and lead counsel in the case,
argued
that BNSF’s motion to compel be denied on the basis of First
Amendment protections.
The two communications in question, which mock labor relationships
within the
railroad industry, were posted on “United Underground Railroad
Message Board,”
an unofficial site popular among railroad workers hosted by Network54.
Public
Citizen maintains that because the postings are a parody and not
defamatory,
they are protected free speech. Furthermore, Network54’s own First
Amendment
rights allow it to keep the names of its u
the whole thing with people hiding behind the freedom of speach BS is getting old, its like “haha im on the internet you cant touch me neener neener neener!” they should post these guys name’s, addresses, phone numbers and social security numbers online see how much they like talken crap then
ok…lets start with yours… lets see your name…address… phone number and SSN… afterall…for you not to post it means your “hideing” too…post all your personal information willingly befor you start saying that free speech is BS…
I would guess 4 pages, unless it turns into one of those bizaar Monty Python reference threads![:-,] In that case, it’ll run 8-10 pages, because I’ll have to constantly ask people to explain them.[D)]
Fair enough. I’d like to put forth my 2 cents worth. This is one of the forums hot potato topics, that generally turns into a nasty flame war. My Monty Python reference was (an awkward) attempt at humor-to lighten up the mood. If that was seen as something more sinister, I apologize. With that thought, I’ll jump off this thread, and go read about trains and railroading on some of the other threads. Good day!