Here We Go Again
Is requiring people to take responsibility for their statements, really challenging free speech ? Even if it is being challenged, it's because the right is being taken advantage of by some malicious bloggers. Free speech doesn't give you the right to yell fire in a crowded building. Sticks and stones can break your bones, but words can hurt you also. Chief Godwin's filing of a lawsuit to reveal the identity of an anonymous blogger calling himself Dirk Diggler. Who commands a site called MPD Enforcer 2.0, which is critical of the local Memphis police force. For the past two days has been the topic of much conversation. I would imagine mostly by it's readers and those in the anti-crowd.It appears the blogs that get the most attention are those of a slandering nature. If you drag peoples name through the mud, the readers will come. It allows people to get away with slander and saying things without backing them up. I have somewhat mixed emotions on bloggers rights. Though I consider myself someone with a personal stake. My blog doesn't get that much traffic, but some of them are like small newspapers in terms of readers. Like large publications when it comes to special interest stories. In many cases perception is reality. The site in question and those like it, have the ability to affect public perception. That's the danger here. Depending on who is doing the talking, and what they're saying. Maybe this is the reason nothing is being done. My opinion doesn't change from person to person. I had the same reservations earlier. http://indepcons.blogspot.com/2008/04/drum-major-for-desparodos.html . Until it's addressed properly, it will keep coming up. Here we go again.
posted by Common at
10:46 AM
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16 Comments:
I don't believe Godwin will win this one. He's pissed becasue someone(s) are writing negatiove things about him and his dept. Get over it, it happens all the time. Godwins actions have caused that site to probably sky rocket in hits daily.
I never even heard of the blog until I saw it in the news so now I've added that to my reading list of entertainment. You have to admit some of the things that happen in MPD are reason to doubt some of Godwin's actions and motives.
I don't think Godwin is above board and am sure he has some skeletons in his closet. Of course you have to take everything with a grain of salt, I'm sure there are some truths. I've learned there are three sides to every story and so far we've only heard from one side.
Mayor says blog case is not about 'whistleblowers'
By Daniel Connolly (Contact), Memphis Commercial Appeal
Originally published 03:41 p.m., July 24, 2008
Updated 03:41 p.m., July 24, 2008
Memphis Mayor Willie Herenton said today there are "serious issues" behind police Director Larry Godwin's legal quest to uncover the identities behind a blog critical of the police department.
“There’s no attempt to try to squash, you know, whistleblowers or that kind of thing," the mayor said in response to reporters' questions during an event at Medtronic. "There’s some serious issues here that I think will surface as it moves forward.”
Herenton said Godwin is used to criticism and knows it's part of the job.
The lawsuit, filed in Shelby County Chancery Court by Godwin and the city of Memphis, asks AOL to produce all information related to the identity of an e-mail address linked to the blog MPD Enforcer 2.0.
The bloggers have attained a Washington attorney known for similar cases. Paul Alan Levy of the Public Citizen Litigation Group is seeking the legal explanation behind the subpoena of AOL's records.
Documents stating the basis of the claim have been sealed by Chancellor Kenny Armstrong.
Serious issues. If there were serious issue why not make it a criminal case.
All this cloak and dagger is getting old, all King Willy and Godwin are doing is fanning the flames, causing more speculation and IMHO make me think they are hiding things.
So what are they going to do if this persopn name is known and isn't an MPD Officer?
Any officer who has posted something, what happens to them? Will they be fired because Godwin doesnt like what they said.
People in all jobs sometime need a release, someplace to vent there frustrations and apparently that blog does it for them. Get a grip Godwin and Willy, the world does not revolve around you two.
Director Godwin's Looking For Him -- and We Found Him: MPD Enforcer's Dirk Diggler!
JULY 22, 2008 - 10:50 PM
In what appears to be an attempt to silence his critics, Memphis Police Director Larry Godwin has filed an interstate subpoena for discovery against the owner of the blog MPD Enforcer 2.0, an anonymous website geared toward and run by current and former members of the Memphis Police Department. The anonymous Google Blogspot site has, for the last four months, served as a sort of online water cooler where Memphis' uniformed patrol officers can voice their anonymous discontent with the leadership of MPD, whoM they collectively refer to as "the 12th Floor."
The MPD Enforcer 2.0 quickly became a clearinghouse of unreported or unpublished stories of interest to Memphis police officers, in part thanks to its name. In the 1990s a paper version of the MPD Enforcer was circulated among Memphis Police by hand. Later, during the dawning days of the internet, an online version appeared on the Geocities website.
Today, the MPD Enforcer 2.0, written and maintained by a group of people with no connection to the original paper version of the Enforcer, enjoys new life on Google's Blogspot website, where anyone within or without the MPD can publish whatever they like without fear of recrimination. The only method of contacting the current administrator of the Enforcer 2.0, who operates under the pseudonym Dirk Diggler, is via his AOL email address, and he agreed to an email interview with the Memphis Flyer under the condition that his identity remained secret.
Q: How did you find out about the subpoena? Was it through a friend, an email tip, a letter from AOL, etc?
A: AOL sent an email to us and included a copy of the subpoena.
Q: Since you started the blog, have you had any contact with or endorsement from the writers of the original MPD Enforcer, or are you working independently of them?
A: Since starting the blog, we have had someone contact us and claimed to be the author of the original Enforcer. They praised us for keeping up the good fight and gave a general endorsement. To the best of our knowledge, they have not contributed. We accept tips from a numerous amount of anonymous resources.
Q: What contact, if any, have you had with AOL about your account since July 11? Have they given you any indication that they intend to comply with the subpoena?
A: AOL only contacted us after receiving the subpoena. AOL gave us a limited amount of time to respond and we are currently seeking legal counsel. Further, we are consulting with the Justice Department to see if there is a possible "color of law" violation being committed by Director Godwin.
Q: Have you received any threatening or harassing emails from self-identified members of MPD?
A: We have never received any threatening or harassing e-mails from anyone. All communications have been positive and congratulatory. On the other hand, we have received numerous troubling comments on the blog. It appeared to be nothing more that the administration trying to disrupt our public forum. We had to lock down the comments section, but that issue was resolved.
Q: In your opinion, why do you think Director Godwin is trying to out you? Do you think it is connected to a particular story or blog post?
A: We feel that Director Godwin is trying to put an end to our blog because it exposes the intimate secrets of the administration. I would like to make this perfectly clear. The blog and comments posted have nothing to do with the person Larry Godwin. The aim is at the direction of the police department and the decline in morale. The public position of the Director's office makes it fair game for any citizen to comment on. If there was another person in the Director's office that was steering the ship towards the rocky reef, every man or woman on that boat would voice an opinion. We provide the location for anonymous "venting" and will continue to do so until the internet is no longer available.
Q: Has the subpoena changed your attitude toward blogging? If you are outed, will you continue to write?
A: Absolutely not. If anything, it has made us more focused on searching for the truth. Further, it has caused us to focus on the individual officers and their need for justice. For decades, the Memphis Police Department has had a history of handing down discipline based on political or personal beliefs. Many officers have been charged and suspended over an arrest/incident with someone who is connected to another in political office. That's just not fair. We are in the developmental phase of creating an impartial support group for officers who have been wrongly disciplined. Once established, we plan on attacking the issues in a litigious setting.
Director Godwin has filed a motion for discovery of the identity of Mr. Diggler under the Uniform Interstate Depositions and Discovery Act, which has been made law in thirteen states, among them Tennessee and Virginia. According to Channel 24 Eyewitness News reporter Jeni DiPrizio, subpoenas have been sent to AOL, Google, and Zimbio, Inc., but among the three, only AOL is based in a state where the law is applicable. AOL is headquartered in Virginia, but Google and Zimbio are both based in California, and neither company has contacted Mr. Diggler about Director Godwin's legal motion.
Under the law, the jurisdiction of the discovery state has the power to quash the subpoena, which in this case is the 20th Judicial Circuit of Virginia. In a previous case, IPA vs. May, Judge Thomas D. Horne of the 20th Circuit issued a protective order on behalf of AOL on the grounds that the plaintiff had failed to furnish a "mandate, writ or commission" to the court under the UFDA as required by Virginia law.
To put it in layman's terms, Director Godwin may face a long, tedious legal battle if he truly wants to publicly identify Mr. Diggler and his associates in court. As the original Dirk Diggler might say, "You're not the boss of me, Jack. I'm Dirk Diggler and I say when we roll."
Folks, notice how the article with the MAYORS comments have been PULLED overnight from ALL media sources ??
This was in the CA last night as well as WMC-STATIONS, WREG,
I checked this am, and the article with WIlle is no where to be found !!
Now WHO put that order out to remove that from ALL media ??
THINK ABOUT IT MEMPHIS !!!
Something is REALLY WRONG here..
And your going to trust this so called "City Atty" ?
There is simething REALLY NASTY going on here people. There is a BIG coverup going on.
DEMAND TO KNOW WHY THIS ARTICLE WAS PULLED !!!!!!
Has anyone noticed that Thuddeus Crappews is having to nibble on the scraps of the MPD Enforcer 2.0!
Ain't nobody studying his rag of a Blog so he had to resort to promoting the MPD Enforcer 2.0 and is grabbing onto their coattails for a free ride.
He has virtually begged for this kind of attention. Even went so far as to illegally squat in the foreclosed home next door to Larry Godwin. He even took pictures of Larry's evil security cameras to try and intimidate him, lmao.
If they present their case as this causing interferance to ongoing investigations. They might win.
MPD director Godwin: Reasons for seeking blogger will be clear when case unsealed
By Hank Dudding (Contact), Memphis Commercial Appeal
Originally published 11:17 a.m., July 28, 2008
Updated 11:58 a.m., July 28, 2008
Police director Larry Godwin wouldn’t say why he wants to know who runs a controversial police blog Monday, but said his reasons will be clear when the case is unsealed.
Godwin and the city of Memphis filed a lawsuit earlier this month asking AOL to reveal the identity of the e-mail address linked to MPD Enforcer 2.0, a blog that has been critical of police leadership.
The case has been sealed by Chancellor Kenny Armstrong.
“When it’s unsealed, I think you’ll understand the direction we’re coming from,” Godwin said.
Although the director wouldn’t discuss specifics of the suit, he indicated he was troubled that information from ongoing investigations has been leaked to bloggers.
Godwin said the intense criticism of the department on the blog didn’t bother him, and said he’s never even bothered to look at it.
“I never have read it. I don’t go on Web sites. I don’t read blogs. I’ve got enough e-mail to keep me busy.”
At the same time, he said he doesn’t begrudge officers the right to free speech and doesn’t think the criticism means there’s a morale problem within the MPD.
“I don’t think there’s trouble within the department,” he said. “I think you’ve just got a handful of officers who want to voice their opinions.
“My gosh, they’ve been talking about the police administration since 1827,” he said. “It’s just an avenue for officers to talk.”
Godwin just returned from a week at an FBI-sponsored training program in Ireland.
While he was gone, the director faced other troubles at home related to allegations that he may have helped fix a traffic ticket for a local businessman in June.
A city court judge’s e-mail to Godwin, released Friday, details how businessman Bradley Greer, in court for going 64 mph in a 45 mph zone, told court officers he was on the phone with Godwin and that Deputy Chief Jim Tusant appeared in court shortly after to help Greer with his ticket.
It was dismissed with court costs.
Chandler normally dismisses speeding tickets 10 mph or less upon paying court costs, but tickets for more than 10 mph over the limit require a hearing.
City Atty. Elbert Jefferson is investigating whether Greer got special treatment.
Tusant denied he’d done anything wrong Monday, but said he couldn’t comment in detail because the investigation is continuing.
“I did not fix anything. The man paid his traffic ticket.
“I’ve got plenty to say about this after the investigation is over, but right now I can’t comment on it.”
The investigation will reveal that nothing improper was done, Godwin said.
“How do you fix a ticket? It’s in the computer system.”
At the same time, he said, each judge is different, and there’s nothing wrong with approaching a court officer to learn the court’s policies.
Godwin wouldn’t comment further on the details of the case, citing the investigation that’s under way.
The director said he’s known Greer’s family for years, but as for the businessman, “I only know him to speak to him.”
In addition, Godwin wants an explanation about why Memphis police officer Sampson Pryor appeared on WMC-TV Channel 5 last week to tell what he saw in Chandler’s court.
“I’m not looking to do anything to Sampson Pryor,” said Godwin, who said he went through the police academy with Pryor years ago.
But, he said, the officer commented on an ongoing investigation, which, unless authorized by a supervisor, would be a violation of department policy.
“He needs to write a memo to explain why he did what he did.”
In a way I can see why the police department in general would have a problem with the runaway anonymous comment boards. (Especially in relation to its own staff making details known.)
If that department develops a culture where it is ok to go and run and post anything from the office publicly, at some point it is going to harm an investigation or pending matter.
In fact, some cold blooded killer could get off because of such a slip up.
As a member of the public, I do like to be informed, but I realize that some things need to take their course before the public gets all the details.
I understand some will say we need to keep the department honest, have everything out in the open, etc. I fully agree with accountability. But if we say it is ok for every employee to openly share their knowledge prematurely with the public, it will be left to the discretion of individuals at any level to do so. And some of the individuals may not make a wise choice or may have a personal grudge of some kind.
Disclosing any and all information immediately may also make it difficult to 'take down' major criminals, who would already know then that they were being looked into.
The media also has a responsibility to look out for the big picture, and not necessarily harm any ongoing police operations just for the sake of some "scoop."
I am sure the Commercial Appeal has made judgement calls over the years for example and declined to print stories too early when it might harm the big picture.
I'm not taking sides here, but less us pause for a moment and consider both sides of this anonymous public disclosure of police information.
It may be interesting and provocative to read this stuff, but the MPD is responsible for some measure of our safety. We must be careful not to jeopardize this or make it difficult for those in the department who truly care to do their jobs.
From what I have seen so far for the most part oo htere website theres realyl nothing to do about cases or investigations.
Most of what is on there is the gripes about the administration and how favoritism is rampant.
Godwin said on an interview that he has never been to and read the blog. If that's the case then why sue if you dont know whats on there unless he's reacting on hearsay and wht people tell him.
If he's sueing off of hearsay and conjecture then I seriously question his ability to run the MPD, either that or he has read it and is lying about it.
So in my mind, Godwin is either a liar or a dipshit for sueing on something he has never read
I was reading the Commercial Appeal and I ran across this message. It started about something else, but shifted to news coverage. It summarizes my opinion on this issue ever so eloquently.
Posted by andrewsalomon on August 4, 2008 at 1:32 p.m. (Suggest removal)
First of all, prayers for a speedy recovery to Mr. Freeman. "Class," "decency," and "talented" seem woefully insufficient when trying to capture the man's essence.
Second, for those who are complaining about the Commercial Appeal's coverage, please tolerate my didactic nature while I school you in some fundamentals of the news-gathering business: 1) Getting beat is a sad fact of life, and being first oftentimes is a simple matter of luck; 2) The measure of a news organization isn't whether it's first on a breaking news story, but whether it's the most accurate and has the most comprehensive information; as a journalist scrambling to catch up on this story, I have found that the Commercial Appeal has, by far, the best coverage to date; 3) The websites TMZ and Perez Hilton were solely created to report on the missteps, misdeeds, and misfortunes of the famous; I just glanced at TMZ's coverage, and it was typically glib, haughty, and useless. For the real story, I came to this site, and I'm glad I did.
Be grateful for the Commercial Appeal--unless of course you'd rather have something like TMZ or Perez Hilton covering education, crime, politics, business, sports, and other issues of critical importance to Memphians and the residents of the Mid-South.
Sincerely,
Andrew Salomon
News Editor, Back Stage East
New York, N.Y.
Blogger's lawyers say Godwin's identity quest should not be under seal
By Bartholomew Sullivan (Contact), Memphis Commercial Appeal
Originally published 03:10 p.m., August 12, 2008
Updated 03:10 p.m., August 12, 2008
Memphis Police Director Larry Godwin and the City of Memphis have not shown a legal basis for keeping their effort to identify an anonymous blogger under seal, the blogger's lawyers said in a court filing this afternoon.
In a heavily redacted motion to permit the blogger Thaddeus Matthews to intervene in the case and to unseal the court file, Washington lawyer Paul A. Levy and Memphis lawyer Lucian T. Pera say the city and Godwin didn't follow established legal procedure and may have misrepresented the facts in their effort to identify their critic.
That critic, working on the MPD Enforcer 2.0 blog, is referred to as a single person with a female pronoun throughout the filing and is named NICO3974. She has been highly critical of Police Department senior management and the handling of some cases.
The city and Godwin filed suit to identify NICO3974 on May 23. Matthews and the ACLU have filed to intervene and to unseal the file.
The filing today indicates the lawyers for NICO3974 have seen the sealed rationale for sealing the file and that Godwin said one was the safety of some officers. The other explanations are redacted in black ink in the filing made public.
"There is no legal basis for a lawsuit to bar a private citizen or blogger from publishing truthful information about a police official," the motion says. "Plaintiffs have not identified the cause of action that would allow their suit."
The filing reveals that America Online notified NICO3974 of the pending subpoena seeking her identity and that NICO3974 made a formal objection.
The blogger's lawyers say they don't object to Matthews' intervention in the case but state that his claim that his sources would be revealed if the subpoena is acted upon is untrue because NICO3974 is not one of his sources.
They also state that the city and Godwin's justification for seeking the identifying information -- to serve her with a legal complaint -- could have been done by using NICO3974's e-mail address displayed on the MPD Enforcer blog.
The city's outside attorney, David L. Bearman, did not immediately respond to a request for comment.
Levy, an attorney with the Public Citizen Litigation Group, a Washington-based public interest law firm founded by Ralph Nader, said the motion was filed in Memphis instead of in Virginia, where AOL is located, because that's where Chancellor Kenny Armstrong imposed the seal.
Armstrong's law clerk, Nicole Manley, said nothing involving the case has been placed on his docket for this week or next, so it was unclear when a ruling might be issued.
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