ACLU Backs Occupy Boston Protesters over Subpoenaed Twitter Records

The following is a guest post by Joseph Hall.

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ACLU Backs Occupy Boston Protesters over Subpoenaed Twitter Records

In what appears to be the first round of legal charges against the Occupy Boston protesters, the ACLU has filed suit in Boston claiming that Twitter account information contains private free speech. Suffolk County Prosecutors in Boston have subpoenaed the Twitter account records for a user identified as ‘Guido Fawkes’ in relation to clashes with Boston police in early December 2011.

Prosecutors want to include Twitter records into a grand jury investigation surrounding the time frame of December 8 – 13, 2011. The ACLU is requesting the subpoena be invalidated because this is a violation of First Amendment rights to free speech and also argue that the protester has a right to privacy.

In a CNN article, “Occupy Boston activist’s Twitter info subpoenaed,” (CNN, 2011) the following is provided:

“In the subpoena, which was issued on Dec. 14, prosecutors requested that Twitter release to them “all available subscriber information,” including IP address logs for the time period between Dec. 8 and Dec. 13 as part of an “official criminal investigation.”

Those dates coincide with clashes between protesters and police in Boston’s Dewey Square. Dozens of protesters were arrested after refusing to leave the public space after being ordered to do so by Boston’s mayor, Thomas Menino.

Wark would not elaborate on the nature of the criminal investigation, but said Thursday that “no charges have been brought against any individual.”

Prosecutors had requested that Twitter keep the subpoena confidential, but it was posted online last week and has been viewed by more than 20,000 people, Krupp said.”

Following a private sidebar hearing, the judge sealed the ruling for 10 days, to allow lawyers involved in the two sides of the case to file motions.

This case could be an early focal point in the legal battle between the Occupiers and the local governments seeking to prosecute activist for possible criminal activities. The entire Occupy movement could be exposed if the court allows Twitter data to be submitted into evidence to the Suffolk County Grand Jury.

Watch Fox News Video:  “’Occupy Boston’ Protesters Evicted from Dewey Square”

Contact information: Joseph Hall, Daymar Institute, Health Care & General Education

Tags: ACLU, First Amendment, free speech, Occupy Boston, right to privacy, subpoena, Suffolk County, twitter