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View Full Version : Federal judge strikes law protecting officers' privacy



MOD 1
05-04-2010, 05:31 PM
Protect your privacy. Remove your protected information from all government files. This includes the Clerk's Office, Property Appraiser, Tax Collector, etc...

Mod 1

From tdo.com


The state may not prohibit irate citizens from publishing a police officer's home address, phone number and other personal data on the Internet, a federal judge ruled in a Tallahassee case.

The American Civil Liberties Union hailed the ruling by U.S. District Judge Richard Smoak as a victory for free speech Monday. State Attorney Willie Meggs, who was named with the city as a defendant in the ACLU suit, said the ruling won't make much difference for law enforcement.

"It cannot be a crime to publish truthful information," said Randall Marshall, legal director of the ACLU in Florida. "With very rare exceptions, courts protect the publication of truthful information that is already available to the public."

Robert Brayshaw was arrested for posting information about a Tallahassee policewoman on the website Ratemycop.com.

"I'm glad that we still have federal judges in this country that actually follow and uphold the law," Brayshaw said. "We have a serious problem in America when someone goes to jail for the publishing of any address in our democratic and free society."

The ACLU said the officer had investigated a trespassing allegation, but no charge was filed against Brayshaw. Brayshaw posted the officer's address, cellular phone number and age, along with other information that was publicly available on the Internet.

Meggs, a former police officer, said the Miami district court's ruling might be appealed. He said he didn't think it would lead to widespread harassment of cops, noting that he keeps his own home number listed in the telephone book.

Smoak said the state has a legitimate interest in protecting law-enforcement officers from acts of retaliation or "true threats." But, he said, criticizing their handling of a case was protected by the First Amendment and that publishing accurate information that could be obtained from various public records did not constitute a threat.

05-05-2010, 01:49 AM
Just to be fair here is Judge Smoaks home address and phone number in case any wants to contact him.

John R Smoak
(Edited by Mod 1 to comply with Terms of Use.

Even though we don't agree with the court ruling, we are still going to comply with the statute voluntarily. Even though this law only specifies law enforcement officers we will also not allow the posting of addresses or phone numbers of family members of LEOs, State Attorneys, Judges, and others. Even if we don't agree with the judge, we are not going to allow the posting of their home address and phone number.

Thanks,

Mod 1

05-05-2010, 02:34 AM
Understood,

What if i post link to public website providing the information you deleted, would that still be a violation? The judge chose to leave his info public i was just making it easier for people on this forum to access.

MOD 1
05-06-2010, 05:59 AM
Understood,

What if i post link to public website providing the information you deleted, would that still be a violation? The judge chose to leave his info public i was just making it easier for people on this forum to access.

No, then one would argue that we should allow them to post a link to a website where they found a LEO's information at.

Mod 1

05-07-2010, 11:08 PM
Understood,

What if i post link to public website providing the information you deleted, would that still be a violation? The judge chose to leave his info public i was just making it easier for people on this forum to access.

No, then one would argue that we should allow them to post a link to a website where they found a LEO's information at.

Mod 1

I completely agree. As Bill O'Reilly says, "You can't justify bad behavior by pointing to other bad behavior."

Does any LEO reading this seriously think I can't find his home address?

:roll:

I can also tell you your race and sex and when you were hired, as well as your annual pay.

:wink:

The judge, like many judges, made a stupid ruling. Let's hope he gets overturned.

But the fact is that there are so many ways of discovering information about you these days that anyone who seriously wants to find your residence will be able to do so.

:?

05-08-2010, 09:45 PM
All I can say is that if any inmate is stupid enough to find out where I live and come to my home to harm me or my family, I plan to send him and his friends back to their relatives in a body bag.

05-09-2010, 04:19 AM
I agree.....you stupid enough to try and track me down at my residence....the following applies. Trespassers will be shot....survivors will be shot again. Stupidity is not a crime so you are free to go.

05-28-2010, 10:39 PM
key words here "information that is already available to the public."

By law the FL statutes do not make that information avail. to the public, not even through FOIA requests, it's suppressed information. Now, if that information is gathered by doing residential property searches and your telephone number is in the phone book then that's fair game.

Unregistered
09-16-2014, 02:01 PM
Just to be fair here is Judge Smoaks home address and phone number in case any wants to contact him.

John R Smoak
(Edited by Mod 1 to comply with Terms of Use.

Even though we don't agree with the court ruling, we are still going to comply with the statute voluntarily. Even though this law only specifies law enforcement officers we will also not allow the posting of addresses or phone numbers of family members of LEOs, State Attorneys, Judges, and others. Even if we don't agree with the judge, we are not going to allow the posting of their home address and phone number.

Thanks,

Mod 1


Now we know where your morals and loyalties stand. Not with us.

Unregistered
08-09-2015, 02:03 AM
Oh lets start the crying for all the poor leo's. Like I alway hear if your not doing anything wrong then you don't need to worry. Besides your office will investigate and determine who is in the wrong and we now they never fall on the side of the police LOL!

Unregistered
09-29-2017, 05:07 AM
LEO's are public servants. If you don't want your info in the public domain then find another job and maybe stop posting foul retaliatory lies and info about people who don't bow down to the Jack Boot. The days of cops being able to be hidden from the public are coming to end like or not. You betray the trust of the public: expect to hear about it, expect us to make it public. Soon we will have a LEO wiki where we track every foul act of every foul cop with all of the pertinent info about them available to anyone who wants to know.

Removing your info from public records is a violation of the law. You have no special right to anonymity.

Video doesn't lie, cops do

Felicia
05-21-2019, 08:05 AM
Oh lets start the crying for all the poor leo's. Like I alway hear if your not doing anything wrong then you don't need to worry. Besides your office will investigate and determine who is in the wrong and we now they never fall on the side of the police LOL!
But the fact is that there are so many ways of discovering information about you these days that anyone who seriously wants to find your residence will be able to do so.