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Sheriff’s office settles lawsuit with former church member outed for blog

NewsABPnews  |  October 20, 2010

JACKSONVILLE, Fla. (ABP) — The sheriff's office in Jacksonville, Fla., has agreed to study its conflict-of-interest code for detectives and develop a training program on First Amendment considerations as part of a settlement with an anonymous blogger who was unmasked — by the office's power of subpoena — for criticizing his former pastor.

The city and state must also pay $50,000 to Tom Rich, a former member of Jacksonville's First Baptist Church. Rich operated FBC Jax Watchdog, a blog often critical of the church's pastor, Mac Brunson. First Baptist has long been one of the largest churches in the country and one of the most prominent congregations in the Southern Baptist Convention.

Rich filed the federal lawsuit in 2009 claiming violation of his First Amendment rights guaranteeing free speech and prohibiting the establishment of religion when Det. Robert Hinson, a member of First Baptist who served on the pastor's security detail, got a subpoena ordering Rich's Internet service provider to reveal his identity.

Rich claimed he chose to blog anonymously to draw attention to issues in the church rather than himself and thought it would encourage more open discussion. In allowing the case to move forward in April, U.S. District Judge Marcia Morales Howard noted that the Supreme Court has ruled that the First Amendment protects anonymous speech.

After he was exposed, Rich says the church obtained trespass warnings against him and began proceedings to revoke his church membership. Eventually he and his wife left their church of more than 20 years to join another congregation.

While the settlement does not admit wrongdoing by the Jacksonville Sheriff's or State's Attorney's offices, Sheriff John Rutherford agreed to meet with Rich, his lawyers and the city's legal counsel to discuss ethical issues arising from the case.

"We are extremely pleased with this settlement, and believe that the lawsuit and its settlement will serve the interests of the citizens of Jacksonville through a strengthening of the JSO's ethical policies and training provided to detectives on constitutional First Amendment issues," Rich wrote on his blog Oct. 20. "We are very grateful to Sheriff Rutherford in agreeing to meet with us personally to address these issues, and think this is an example of excellent governmental leadership on his part."

First Baptist Church told local media it had no comment. A separate lawsuit against the church continues to move forward in state court.

-30-

Bob Allen is senior writer for Associated Baptist Press.

Previous ABP stories:

Church-critic blogger exposed by officials can proceed with lawsuit

Authorities expose blogger who has been hounding FBC Jacksonville

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