Thursday, January 18, 2007

Newspaper Publisher Tries to Thwart First Amendment

Via EFF Deep Links.

The Santa Barbara News-Press needs a lesson in the First Amendment. Insisting that an anonymous comment posted for a few hours on a news blog skewed a labor unionization vote, the publisher of the newspaper is demanding that Google disclose the blogger's account information.

It all started last September. Three months after several editors walked off the job amid allegations that News-Press owner and co-publisher Wendy McCaw had improperly interfered in editorial decisions, the employees that remained were struggling to form a union to negotiate with McCaw. McCaw did not take kindly to the unionization effort or even commentary about it--in fact, she has sued two newspapers based on their coverage of the labor dispute and threatened defamation suits against individual citizens who posted pro-union signs in their windows. The legal campaign has made headlines around the country.

Enter pseudonymous blogger Sara de la Guerra. Sara reports and comments on current events in Santa Barbara and has been critical of McCaw's anti-union tactics. In early September, a third party submitted a comment advocating various acts of cybersabotage against News-Press management. The comment was taken down within hours, but News-Press later issued a press release quoting and complaining about the comment.

When the employees then voted to form a union, News-Press filed objections with the National Labor Relations Board, arguing that the comment had influenced the election. Three months later, just a few days before the hearing on the objections, News-Press issued a subpoena to Google seeking information relating to Sara's account.

More here.

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