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Is the First Amendment in Digital Decline?
On Feb. 23, 2012, a previously sealed decision dated Dec. 9, 2011, was released that illustrates the collision of online digital anonymity, the First Amendment, and prosecutorial prerogative. See, In Re Grand Jury Subpoena No. 11116257, U.S.D.C, District of Columbia, Misc. No. 11-527 [RCL].
The case revolved around a subpoena served on Twitter by a grand jury demanding the identity of a tweeter, dubbed by District Court Judge Royce Lamberth as Mr. X, who had allegedly made threats directed at former presidential hopeful Rep. Michele Bachmann. While the decision is filled with reprints of the many crude tweets emanating from Mr. X that makes for some pretty offensive reading, it is an excellent discourse on how technology is making what were once relatively easy decisions far more complicated.
At issue was the balance between Mr. X's right under the First Amendment ' despite how offensive his tweets may have been ' to remain anonymous and therefore quash the subpoena and, as the court noted, the government's right to discover his identity under principles of “compelling interest,” and “sufficient nexus between the subject matter of the investigation and the information they seek.”
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