JACKSONVILLE, Fla. (ABP) — A federal judge says a lawsuit may proceed against a sheriff and assistant prosecutor for using their authority to reveal the name of an anonymous blogger critical of a prominent Baptist church.
U.S. District Judge Marcia Morales Howard dismissed civil claims March 31 against Jacksonville, Fla., State Attorney Angela Corey for her office's role in helping leaders of First Baptist Church in Jacksonville learn the identify of anonymous blogger Tom Rich in 2008. The judge said Corey is entitled to "qualified immunity" under the 11th Amendment to the Constitution, which prohibits federal lawsuits against the states and their agencies.
The 34-page order said the case against Assistant State Attorney Stephen Siegel may proceed, however, because he is alleged to have gone beyond his official duties in a case involving inner workings of a church that lacked "legitimate government interest" to warrant investigation.
A lawsuit filed April 27, 2009, by Rich and his wife, Yvette Rich, claims that Siegel and Jacksonville Sheriff's Office Detective Robert Hinson violated his First Amendment rights guaranteeing free speech and prohibiting the establishment of religion.
Rich says he started his blog, FBC Jax Watchdog, in 2007 to write about changes in preaching style, fundraising and administration after the arrival of Pastor Mac Brunson in February 2006 that he viewed as harmful to the church. Rich said he wrote anonymously because he wanted to draw attention to the issues and not himself, and he felt anonymity would encourage open and honest dialogue that might lead to change.
Rich says that Hinson, a First Baptist member who serves on Brunson's security detail, contacted Siegel at the request of church leaders for the purpose of obtaining the name of the anonymous blogger on or about Sept. 29, 2008.
Siegel, the suit alleges, "without any legitimate evidence of related criminal conduct" obtained subpoenas to require Google and Comcast to identify Rich as the blog author. Afterward the church obtained trespass warnings for the Riches, who had been members of First Baptist Church for about 20 years, forcing them to find another church.
In her order, Judge Howard noted that the Supreme Court has ruled that the First Amendment protects anonymous speech. She acknowledged that government officials have broad subpoena powers to investigate suspected violations of law, but they can be limited when they conflict with important First Amendment rights.
In this case, the judge said, Siegel failed to "demonstrate an overriding and compelling interest" in interfering with Rich's right to speak anonymously about issues involving the blogger's church to qualify for prosecutorial immunity.
She also said that if true, the allegations that Siegel obtained subpoenas specifically for the purpose of aiding a church would violate "the very essence" of the Establishment Clause, the part of the First Amendment that bars government entities from promoting or favoring a religious group.
The order did not comment on the ultimate merits of the Riches claims, but said the allegations were sufficient to allow the lawsuit to move forward.
First Baptist of Jacksonville is one of the nation's largest churches and one of the Southern Baptist Convention's most prominent congregations.
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Bob Allen is senior writer for Associated Baptist Press.