January 24, 2006
FOR IMMEDIATE
RELEASE
January 24, 2006
Police
Harassed and Intimidated Online Critics, ACLU Charged
PITTSBURGH -- The American Civil
Liberties Union Greater Pittsburgh Chapter announced today that it has reached a
settlement with a Washington County municipality and its suspended police chief
that will ensure the freedom of residents to debate political issues on a local
Web site without fear of retaliation from local authorities.
"Just
because a police chief or other public officials don't like what is being said
about them on an in Internet bulletin board doesn't give them license to use
official powers to threaten and intimidate critics, or take steps to shut down
the Web site," said Witold Walczak, ACLU of Pennsylvania Legal Director. "As the
saying goes, if you can't stand the heat get out of the
kitchen."
The settlement arises out of a lawsuit filed by the ACLU
in 2004, charging that North Franklin Township police chief Mark Kavakich had
attempted to use criminal subpoenas to learn the identities of residents who had
criticized him on
www.localscoop.net, an
Internet community forum. The lawsuit also charged that Kavakich, who has since
been suspended from the North Franklin police department pending an
investigation of unspecified conduct, had threatened to arrest those who refused
to cooperate with his investigation of the online critics.
The
lawsuit was filed on behalf of Terri and Munir Chavla of North Franklin, who the
founders and operators of
www.localscoop.net.
The
settlement announced today includes a consent order that extends and strengthens
an original temporary restraining order issued at the outset of the case. The
original order prohibited the North Franklin police from threatening to use
criminal proceedings against critics on the Web site. The final order recently
agreed to by the parties, and signed this morning by United States District
Judge Joy Flowers Conti, expands on these restrictions and adds prohibitions
against other kinds of harassing tactics, such as confronting critics in their
homes or threatening to reveal their identities to their employers or
others.
As part of the settlement, North Franklin Township also
agreed to pay the sum of $42,000 to the Chavlas and their
lawyers.
"We hope that this police chief now understands that he
cannot criminally prosecute people for merely posting their opinions," said
Terri Chavla.
The ACLU's Walczak said this case raises concerns
about police intimidation and threats made against critics on the Internet. He
noted that police officials need to pay more careful attention to the
constitutional limits on their authority to investigate those critical of police
activities.
"It is not an issue for the police when an Internet
poster says something nasty about someone else, even if what they say is false
and defamatory," said Walczak. He added that the victim can file a defamation
suit, but the police have no business in the matter.
In addition to
the Washington County case, the ACLU signed a court agreement in late December
with the Pennsylvania State Police over a situation in which an officer
convinced a Web host to shut down a Scranton couple's political Web site after
they criticized a local official. That case, which is pending in federal court
in Scranton, is Pilchesky v. Pennsylvania State Police. Information on Pilchesky
v. Pennsylvania State Police is online at
www.aclupa.org/pressroom/acludemandshalttostatepoli.htm The
Chavlas were represented by Walczak and ACLU cooperating attorney Ronald Barber
of the Pittsburgh law firm Strassburger, McKenna, Gutnick & Potter. The case
is Chavla v. Kavakich, 04-CV-0594 (W.D.Pa., Conti, J.). Legal documents and
additional information is online at
www.aclupa.org/legal/legaldocket/policechiefthreatensintern.htm
