State Supreme Court Justice Diane Y. Devlin on Monday morning quashed a subpoena that sought the identity of an anonymous blogger in Hamburg.
The decision, which was handed down from the bench, means that the Hamburg Central School District cannot compel Concerned Hamburger to say who he or she is.
The district had issued a subpoena to Google to identify the person who runs Hamburg Educational Ethics blog, which posts information and satire about the Hamburg Central School District.
“I think it’s good news for any blogger, any citizen journalist,” said Joseph M. Finnerty, the attorney for Concerned Hamburger.
He argued to quash the subpoena on several grounds, including that it violates the First Amendment right to anonymous speech.
Richard Sullivan, the attorney for the school district, said the decision would not affect the lawsuit filed against Sally Stephenson; Sally’s daughter, Lyndsey Stephenson; and teacher Martha Kavanaugh.
The district says the three secretly taped an executive session Sept. 21, 2010, and is seeking damages from them. The women deny the charge.
The lawsuit was filed in June 2012; Sally Stephenson has since taken a seat on the School Board.
Finnerty had asked that the district pay legal fees for Concerned Hamburger, but Devlin denied that motion.
email: bobrien@buffnews.com
The decision, which was handed down from the bench, means that the Hamburg Central School District cannot compel Concerned Hamburger to say who he or she is.
The district had issued a subpoena to Google to identify the person who runs Hamburg Educational Ethics blog, which posts information and satire about the Hamburg Central School District.
“I think it’s good news for any blogger, any citizen journalist,” said Joseph M. Finnerty, the attorney for Concerned Hamburger.
He argued to quash the subpoena on several grounds, including that it violates the First Amendment right to anonymous speech.
Richard Sullivan, the attorney for the school district, said the decision would not affect the lawsuit filed against Sally Stephenson; Sally’s daughter, Lyndsey Stephenson; and teacher Martha Kavanaugh.
The district says the three secretly taped an executive session Sept. 21, 2010, and is seeking damages from them. The women deny the charge.
The lawsuit was filed in June 2012; Sally Stephenson has since taken a seat on the School Board.
Finnerty had asked that the district pay legal fees for Concerned Hamburger, but Devlin denied that motion.
email: bobrien@buffnews.com