ACLU Intervenes In Case Involving Disclosure of Personal Information

ACLUThis morning, Victor Blackwell of CNN, (@VictorCNN), tweeted that the ACLU has submitted a brief in the Kendrick Johnson case. They have taken a friend of the court position pertaining to the disclosure of the identity of 23 Twitter handles and cites First Amendment and privacy.

It’s actually the civil case filed by Kendrick’s parents for wrongful death.   The Bell family responded with a counter-suit, alleging defamation. In their counter-claim, they allege that Kendrick’s mom used “authorized agents” to defame them on social media.

On November 2, 2015, I wrote in a post that people had been notified by Twitter that their account information had been subpoenaed in the Johnson v. Bell case.   The Department of Justice filed a motion to intervene and a motion to stay discovery for 180 days pending completion of their investigation. The DOJ has extended their investigation into witness tampering and obstruction. The court denied the DOJ’s motions.

Also reported in that post is that a person who is a known internet harasser and extortionist tweeted to several individuals that their Twitter account information had been subpoenaed, and he did so days before Twitter notified those individuals. It’s the same person that one of our (as of Nov. 23, 2015, form writer) Santiago, has a restraining order against and is currently in court in a contempt proceeding, alleging violation of that restraining order.

Piercy defense tweet to CNN

“Adam Dowel ”which is a handle used by the person who is the defendant in the contempt proceeding, is already trying to litigate the situation on Twitter. His argument is one that the Bell’s attorney can raise, but it is also the problem here and possibly why the ACLU has intervened. The ACLU has intervened in other cases involving subpoenas to Twitter for account information, but those cases were mainly for named parties to cases and the courts have ordered Twitter to turn over the information. This case might be unique because none of those 23 handles in the subpoena are named as a party in the counter-suit.

In essence, what is happening is that if Twitter is forced to turn-over account information for non-parties to a cause of action, then anyone can file anything with the court and conduct “discovery” into the personal information of non-parties. In general, John and Jane Does are not named in counter-suits because a counter-suit is a complaint against the party or parties who filed the lawsuit initiating the action.

The biggest problem here however, is that ”Adam Dowell” is a known harasser/extortionist with a demonstrated pattern of doxing people and posting the real or alleged real personal and private information of others on the internet, and using it to wreck-havoc in the lives of his target victims.

Since he knew the Twitter handles in the subpoena without the subpoena being publicly released, and before those individuals were notified by Twitter, does he have a relationship with someone involved in the case who will give him whatever information Twitter turns over in discovery? That’s a real concern.

Appreciation goes out to the ACLU for their intervention, and to the individual who worked tirelessly and contacted them.  I will not say that individual’s name, but will publicly take my hat off to them because of their standing up and getting the correct information to the ACLU.  In this matter, one person has made a difference.

UPDATE:

I just added the ACLU’s brief to the document section.

Posted on 11/20/2015, in Cases, Cyberharassment, Department of Justice, Kendrick Johnson and tagged , , , , , . Bookmark the permalink. 60 Comments.

  1. scrodriguez

    Good job by the ACLU. I know Twitter will fight this tooth and nail now that the ACLU got involved. it has also come to my attention that my accuser has publicly posted that a 2nd Subpoena is being issued. again nobody has been noticed id like to know exactly how he is getting this information. logically the only people who would know are those who have filed the suit.

    Liked by 3 people

    • I have some suspicions based on what he has done previously. He probably emailed, called, and sent a carrier pigeon to get Twitter handles to the Bell’s attorney and thinks that another subpoena will be issued for those handles because he says that they should. In the alternative, he is putting the Bell’s legal strategy on blast, and they should not be happy about that.

      By the way, I understand that Adam Dowell is trying to intimidate others, including the CNN reporter, by accusing them of stalking the Bell’s. Talk about intimidation to stop others from exercising their right to free speech!! Now, even a reporter who reports what is filed in a case can’t do it without being accused of stalking by a man who has a restraining order against him for stalking.

      Liked by 5 people

      • scrodriguez

        What do you expect he lies about everything I have no worries what so ever in regards to any of his claims if anything comes my way as I have done time and time again I will face it dead on as I always have.

        Liked by 4 people

  2. yahtzeebutterfly

    It is admirable of the ACLU to become involved in this.

    Kudos to the individual who helped out.

    Liked by 6 people

    • Yes Yahtzee, and it is very important. If Twitter begins giving out account information on persons who are not named parties in a case, then no one on Twitter is safe.

      Liked by 5 people

    • yahtzeebutterfly

      Appreciation goes out to the ACLU for their intervention, and to the individual who worked tirelessly and contacted them. I will not say that individual’s name, but will publicly take my hat off to them because of their standing up and getting the correct information to the ACLU. In this matter, one person has made a difference.

      This is heartening in these times. We must all be encouraged and know in our hearts that we CAN make a difference. Sometimes our effect as individuals will be obvious, and sometimes we might question if we are really having an effect in bringing about a better world.

      The main thing is to appreciate the feeling of being at peace within our hearts every time we do the right thing, shine the light of truth in the darkness, and push for justice and equality.

      Liked by 5 people

  3. Two sides to a story

    I’m confused. Well, not about the stalker, LOL – we all know who he is and how he operates. But who are the 23 twitter users in general? Are these people thought to be involved in hiding evidence in the case? Wouldn’t the stalker be getting his info from Ms. V, since she seems to have a tie to the Bells or someone else close to the Bells?

    Like the Z case where there was a network of friends and acquaintances extending into the jury, there seems to be a web of deception working behind the scenes to tip the Kendrick Johnson case. Oops, more spam coming my way!! : ]

    Liked by 5 people

    • scrodriguez

      They have basically inserted themselves into the case and has misguided the bells into targeting people who have advocated for justice for Kendrick Johnson in other words they are using this as a avenue to exterminate their enemies aint going to work in my opinion

      Liked by 4 people

      • Two sides to a story

        I’m still confused. So the 23 people are advocating for the Bells or for the Johnson family?

        Liked by 1 person

        • scrodriguez

          They are advocating for Kendrick Johnson to find out what really happened to him. I mean I dont believe he just jumped into a gym mat to recover a shoe from the bottom that makes no sense to me

          Liked by 3 people

          • Two sides to a story

            No it doesn’t. Something else happened.

            Liked by 3 people

            • That’s the thing, Two sides. When people say that they do not believe that KJ died by accident, it is no longer “free speech” if the White Supremacist, internet extortionists have their way. They did the same during the Zimmerman case when people said they did not believe he killed Trayvon in self-defense. They formed the “BGI” theory during that case, and tried encouraging Zimmerman to sue bloggers and commenters for defamation then.

              What Zimmerman did was go after NBC who he thought had money and would settle. That case was dismissed, Remember, his parents filed suit against Rosanne Barr, evidently thinking the same. That case was also dismissed.

              So, one of the main “BGI” theory conspirators has interjected himself into the Bell’s counter-suit.

              Liked by 6 people

      • Two sides to a story

        Sounds like the Bells are trying to attack 23 people who are advocating justice for Kendrick? My second thought, LOL! I notice the trolls posting on Twitter that it’s all over – they seem overly-confident, to say the least.

        Liked by 4 people

        • scrodriguez

          Well some of them have said that for a long time so its not like you can take their word for anything
          One of them is being sued for Defamation that case is coming to a close in 2 weeks the other well the other you know we have about 3 more weeks with that

          Liked by 1 person

          • Two sides to a story

            They seem to engage in magical thinking, like many Repub presidential candidates. Make up their own facts and think they’ll somehow change reality!

            I can hardly wait for the consequences to roll!

            Liked by 3 people

          • yahtzeebutterfly

            Some people who try to trouble other people end up having that trouble hit them.

            Liked by 5 people

    • Two sides,

      But who are the 23 twitter users in general?

      At least 3 are people who the internet/extortionist have harassed for years. Several others are people who are online friends of the other 3. At least one is being accused of being two persons, so both handles are in the subpoena. One person blogged on the article published in Ebony.

      Liked by 3 people

      • Two sides to a story

        Ah. Gotcha. Well, the dummies have missed the other 23 gazillion people on Twitter who also think the Kendrick Johnson case is suspicious! : ]

        Liked by 3 people

        • Two sides,
          It is interesting that they missed the other gazillion people, isn’t it? Since a certain person tried getting information on some of the same handles last year by using the court and failed, it’s interesting to see him know about the subpoena when the public did not, and that the subpoena contains some of the same handles.

          Liked by 2 people

  4. an amicus curiae brief is NOT “intervening” you fucking idiot… and explain to these mentally challenged cretins how doe defendants work

    Like

    • David Piercy,
      You know, I’m approving this for posting so people will see just how arrogant you are. You do not tell me what to do, and unlike you, I don’t litigate cases on social media. Here’s a question for you — where do you read “Doe” defendants in the caption of the Bell’s counter-claim?

      Why are you so interested in the subpoena and the ACLU’s involvement. Are you invested in this?

      Do the Bell’s attorney know that you are trying to litigate their case on social media? Do they know that you have tweeted harassing tweets to people whose Twitter handles have been subpoenaed and telling them that they are being sued by the Bell’s?

      Does your court appointed attorney in the contempt proceeding know that you are harassing the protected party on Twitter, and threatening to file papers on the day of trial to delay trial again? Does he know you have boasted about costing the protected party $10,000 because of your dilatory tactics. Does he know that you are a sovereign citizen who paper terrorizes the courts? Does he know that you currently have 3 appeals pending, even one to reverse the stipulated agreement that you signed in the eviction case, just to be malicious?

      By the way, using a proxy IP address makes no sense, because I already know your location and who you are.

      Another by the way — your comments on the other blog have responses. Why haven’t you replied? Shall I deem your behavior to be drive-by comments for the purpose to harass?

      Liked by 6 people

    • yahtzeebutterfly

      Adam,

      I think that it would hurt a person afflicted with cretinism to read your use of the word “cretin” in a derogatory manner. Such a person is already having a difficult life experience in dealing with this medical condition without having the added pain of seeing their condition used for bullying purposes by throwing out the word “cretin” as a put-down toward people participating on an internet blog. May I suggest to you that you stop using that word?

      Adam, here is a link that provides information on cretinism:
      https://en.wikipedia.org/wiki/Cretinism

      Liked by 3 people

      • Yahtzee, keep in mind that this is a man who says he wants to be a lawyer. Can you imagine him going off on parties with the name calling and insults, or maybe even a judge?

        Liked by 3 people

      • I’m rolling here YBF!! “I think that it would hurt a person afflicted with cretinism to read your use of the word “cretin” in a derogatory manner.”

        Liked by 1 person

        • yahtzeebutterfly

          Mindy, I would like to think that Adam would stop using that word as a “put-down” jab because it IS hurtful to those people who are afflicted with “cretinism.”

          Liked by 1 person

  5. Mr. Fake Lawyer seems Not get it He doesn’t OWN any of Us on twitter or any where else What he thinks & what he believes are irrelevant to US

    Liked by 4 people

    • NavyDad,
      Absolutely! He’s afraid of the ACLU’s interest and participation.

      Liked by 3 people

      • NavyDad0007

        I know the blog post you did is making him snap. Let’s hope he starts to harass the team who put the brief together.

        Liked by 3 people

        • NavyDad,
          I agree, and also think that he’ll snap because he realizes that someone was able to reach the ACLU and they took interest and action. His eyes and ears are shut-off and he couldn’t mock, intimidate and demean efforts, nor try to get ahead and cut them off. No one has to report to him what they are doing, or plan to do. Will he harass the ACLU team? No doubt.

          Liked by 2 people

  6. Hey delusional cunt Xena…. explain to your flock of simpletons what “requested leave to file” means. No brief has actually been filed because Judge Porter has not granted leave.

    Like

    • Well, well, David. Tell you what — produce the ACLU’s motion for requested leave to file, and then you can wait to see whether the judge grants or denies it.

      You really do miss the importance of this. Why are you afraid of the ACLU’s participation in this matter?

      Since you cannot play nicely without making personal attacks, I’m applying the rule. You are banned.

      Liked by 6 people

      • scrodriguez

        Xena,

        I would like to ask that you remove the twitter option so that he can not participate on this blog he has no business in being here and he is only here for the purposes of harassment.

        Like

        • There is no option that disallows posting by using your Twitter account. I placed his IP address in the “blacklist.”

          Liked by 4 people

        • By the way Santiago, maybe I should explain. This is now the second time that Piercy has submitted comments that by-passed moderation and were automatically posted to the board. He did that previously by using the computer network at the college. When I discovered his comments and deleted them, he tweeted to his comrades that I did so because he told the truth. No — I did so because had those comments gone to the moderation queue, they would not have been approved for public posting.

          He cannot violate things then claim that he had some type of right to post whatever he wants.

          So this time, he used a service that has proxy IP addresses, and it posted directly to the blog without going into moderation. I did not delete it. I figured that it shows just how disrespectful and vile he is.

          Liked by 3 people

          • I understand but in a sense allowing him to post gives him the attention he craves I mean weather its positive or a negative reaction its a reaction which is really what he is looking for but I do see your point

            Like

            • Scrodriguez,
              If you understand, then there would be no “but” following “I understand.” I took the time to explain how his comment by-passed moderation, and why I left it.

              Lately, you’ve been going about misrepresenting, saying that I allowed Piercy’s comment to provoke him to harass you. Open your eyes. His comment was to me, about me. It has nothing to do with you. Also, Piercy came here to my internet home. I did not go to Piercy. When anyone comes here and forces their way through the door, I have the authority and right to speak up and take actions to prevent them from entering again.

              Like

    • ya know, just because you grew up hearing your daddy/uncle call your mother that nasty name, it doesn’t make it ok. You are coming off as the low life white trash we all know you are.

      Liked by 7 people

      • Mindyme,
        (Gulp)

        Liked by 4 people

        • He’s just so…………nasty!

          Liked by 2 people

          • Seems as if my post on the other blog rattled him up. He says that another subpoena is being prepared and that the Bell’s are going to sue me. I told him to bring it on. The series of those posts is not about the Bell’s but about the group of White Supremacist internet extortionists, in which David Piercy is one. The support is on those posts. He cannot refute it, so he wants the Bell’s to do his dirty work. If I have to go to court, he’s coming too.

            Liked by 4 people

            • He hates that he can’t control you. Judging by the the number of his many losses, he has very little control over anything in his life. That’s his real problem. He’s lost a fight he started and had no chance of ever winning anyway. He’s done, he just doesn’t know it yet.

              Liked by 1 person

            • Mindyme,
              I wish that everyone in Clovis and Fresno would protect their routers so he can stop using their internet service to access the internet to harass and threaten people.

              Liked by 3 people

      • NavyDad0007

        Damned Right! Mindy 🙂 He’s a Punk Who likes to Mouth off to Women

        Liked by 4 people

  7. You can always tell when he can no longer logically or mentally carry an argument/debate (which is often). That is when he reverts to name calling.

    Liked by 4 people

  8. yahtzeebutterfly

    Through their pain and grief, Kendrick’s parents are standing strong and seeking answers…answers to make sense of what happened to their beloved son.

    Theirs is such a sad, uphill journey. I send them my prayers and caring thoughts.

    I know that Kendrick is embracing them with his wings.

    Liked by 5 people

  9. yahtzeebutterfly

    from the Table of Contents of the ACLU brief:

    Argument

    I. The First Amendment requires trial courts to ensure that the unmasking of anonymous Internet speakers does not occur before a preliminary showing has been made.

    A. The First Amendment and Georgia public policy protect anonymous speech.

    B. The First Amendment prevents the compelled disclosure of an anonymous Internet speaker’s identity without: sufficient notice to the speaker, a showing that the plaintiffs claims have merit, and a finding that speech rights are outweighed by other interests.

    C. When litigants seek to unmask non-parties, there must be an additional finding that the information sought from them is directly and materially relevant to a core claim in the action, and not cumulative.

    D. Courts have an independent duty to ensure that anonymous speech
    rights are protected.

    II. This Court should direct the counterclaim-plaintiffs to demonstrate that the Twitter users named in the subpoena have received notice, that the defamation counterclaims have merit, and that there is a compelling need for information in the sole possession of the anonymous Twitter users.

    Liked by 3 people

    • Yahtzee,
      The ACLU sees the importance in this matter. If anyone can file a lawsuit and subpoena a third-party for information about non-parties, and the court enforces that subpoena, then no one — absolutely no one is safe.

      Liked by 2 people

    • yahtzeebutterfly

      Now this is interesting from page 5 of the ACLU brief:

      Georgia, moreover, has a “strong public policy” in favor of preserving anonymity in the discovery context; thus, for example, when parties seek to unmask anonymous sources of journalists who are accused oflibel, the Georgia courts have held that “the trial court must require the plaintiffto specifically identify each and every purported statement he asserts was libelous, determine whether the plaintiff can prove the statements were untrue, … and determine whether the statements can be proven false through the use of other evidence.” Atlanta Journal- Constitution v. Jewell, 555 S.E.2d 175, 180 (Ga. Ct. App. 2001). Similar policy considerations apply to the circumstances ofanonymous speech at issue here and warrant application ofsimilar protections.

      Liked by 2 people

      • Yahtzee,
        Yes, it is interesting and right on point. In this matter, the allegation is that the Twitter handles are those of Kendrick’s mom’s “authorized agents.” There is nothing in the cross-claim that alleges, nor supports, that she had any contact, agreement, (verbal or written) for anyone to act in her behalf on Twitter.

        Liked by 3 people

  10. What makes me laugh and laugh is when the murder deniers accuse the KJ justice seekers of being paid.
    I’ve spent countless hours researching and writing about KJ for absolutely free, gratis, and pro bono.
    If I had more hours to spare, I’d spend them researching and writing about KJ for absolutely free, gratis, and pro bono.
    There are so many people unwilling to forget KJ, and anxious to keep the memory fresh, the Johnsons would be fools to pay anybody! Of all the accusations, that is the most ridiculous.

    Liked by 1 person

    • Welcome Pat! The allegation about being paid started in early 2013 as part of the “BGI” theory. I was accused of being paid by attorney Benjamin Crump to keep the alleged “race hoax” alive during the George Zimmerman case. That part of the theory is necessary to them because their directions on destroying the “BGI” is to take their lifeblood; i.e., money. In October 2013, just after it was reported that attorney Crump was on the team representing Kendrick’s parents, the proponents of the “BGI” theory classified the investigation into the death of Kendrick Johnson as a “race hoax,” which is a term they apply to the “BGI.”

      I’ve been documenting the history on another blog.

      Thanks for your comment. It’s nice meeting you.

      Liked by 1 person

  11. Liked by 1 person

  12. BRIAN BELL VALDOSTA DAILY TIME; WALB TV; ABC TV; NBC TV; AND OTHER SOUTH GEORGIA NEWS MEDIA OUTLETS. I WAS INFORMED OF THE FOLLOWING CONCERNING MR. BRIAN BELL IN AKRON. UNDER OUR FORM OF GOVERNMENT THE GENERAL PUBLIC MUST BE INFORMED FROM GEORGIA NEWS ASSOCIATED PRESS WHEN IT NEEDS PUBLICATION TO EDUCATE THE PUBLIC. THANKS AMERICA FOR OUR FORM OF GOVERNMENT. http://www.wkyc.com/news/local/akron/akron-football-player-charged-with-assault/324031665

    BRIAN BELL AND K.J. CASE NEWS FOR ALL WHO WANT TRUTH: K.J. Family Attorney Fee Case Before THE SLEEPING JUDGE” With LINKS; No Mainstream News Media; No Cameras Allowed In The Courtroom Of THE HONORABLE JUDGE RICHARD PORTER (THE SLEEPING JUDGE)

    ============= WALBTV JUDGE RICHARD PORTER SLEEPING ON THE BENCH: Valdosta Daily Times IGNORED THIS EVENT: http://www.walb.com/story/33410568/complaint-filed-in-kendrick-johnson-case
    1. K.J. October 5th, Sleeping Judge, Attorney Chevene King No Cameras In Court Room.

    Like

    • Welcome bostongbr672! Unfortunately, Word Press only allows several links in comments less they go into moderation. You included many videos, and I’ve had to remove some of the links. HOWEVER, I’m going to get the Youtube channel and post it on the border of the blog under “Videos.” Thanks so much for taking the time to give us this information.

      Like

Your comments are welcomed.

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: