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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsDevin Nunes' Cow Has a First Amendment Right to Call Rep. Nunes a 'Treasonous Cowpoke'
https://www.aclu.org/news/free-speech/devin-nunes-cow-has-a-first-amendment-right-to-call-rep-nunes-a-treasonous-cowpoke/Last year, Rep. Nunes sued a number of people who were mean to him online, including the Twitter parody accounts Devin Nunes Mom and Devin Nunes Cow. Now, hes trying to unmask the Cow by subpoenaing the authors identity from a local law firm. The ACLU and Public Citizen have filed a friend-of-the-court brief urging the court to block Nunes subpoena because it violates the First Amendment right to anonymous speech.
From Sam Adams to Mark Twain, Americans throughout history have used pseudonyms to criticize public officials. People adopt pseudonyms for a number of different reasons, such as protecting privacy and preventing official retaliation. The Supreme Court has made clear that an authors decision to remain anonymous, like other decisions concerning omissions or additions to the content of a publication, is an aspect of freedom of speech protected by the First Amendment.
To protect anonymous speech, courts require defamation plaintiffs to satisfy a number of criteria before allowing them to use subpoenas and other discovery tools to unmask anonymous speakers. As particularly relevant here, a plaintiff must demonstrate that the defendants statements are plausibly defamatory (i.e., not protected opinion, parody, or political rhetoric) and produce evidence showing that the defendants statements were actually false. These requirements prevent plaintiffs from using meritless defamation claims as a vehicle to identify anonymous critics for purposes of retaliation, while allowing plaintiffs with legitimate claims to proceed. As we argue in our friend-of-the-court brief, these safeguards are not just good policy theyre required by the First Amendment.
MagickMuffin
(15,933 posts)You deserve everything coming your way, CowPaddyDaddy!
Gothmog
(145,086 posts)tanyev
(42,541 posts)And just when you think its finally gone down, he brings it back up and starts chewing on it some more.
NewJeffCT
(56,828 posts)gets court costs and attorney's fees as well.
CaptYossarian
(6,448 posts)When did he start bestiality? His office may be too close to Jim Jordan and Glenn Grothman.
Perseus
(4,341 posts)What gives Nunes the right to ignore subpoenas and not other people?
I hope this starts biting these assholes, that every subpoena they file is ignored, and that the courts allow it because they have set a precedence.
Republicans have made subpoenas irrelevant.
Volaris
(10,269 posts)As in, if said defendant stated that Nunes is a traitorous tool of the White House, Nunes would have to produce evidence as to WHY that claim is false.
And now you know why this lawsuit wont go anywhere...because Nunes cant produce evidence where none exists lol.