Judge Shields Deputies' Online Identities

By THOMAS W. KRAUSE tkrause@tampatrib.com

Published: Jan 4, 2006

TAMPA - A judge has shot down a second attempt by the Hillsborough County Sheriff's Office to get the names of deputies making anonymous postings on a law enforcement Web site.

Circuit Judge Marva Crenshaw quashed subpoenas that would have allowed the sheriff's office to identify the authors of anonymous messages left on http://www.leoaffairs.com/. The privately run site says it's a sounding board for law enforcement officers who want to discuss their departments.

The sheriff's office filed a lawsuit in August that claims several "John Doe" deputies were posting sexist and racist messages anonymously, in violation of department policy. It seeks to prevent deputies from posting messages that violate policy.

Crenshaw said she would not prevent the deputies from posting messages but that racist and sexist messages had to be removed, which the Web site owners did.

The lawsuit also asks for help identifying the deputies so they can be disciplined. Crenshaw initially allowed the sheriff's office to issue subpoenas that would force the owners of http://www.leoaffairs.com/to reveal the Internet service provider addresses used by the anonymous message posters.

The Web site was not named in the suit, but attorneys for the site argued that the First Amendment protects anonymous speech and protects the site from having to reveal the addresses.

Sheriff's attorneys argued that the department's need to keep order in its ranks overrides the First Amendment.

Crenshaw agreed with Web site's attorneys and repealed the subpoenas.

Her decision comes four months after a similar ruling by Judge William Levens regarding the same Web site.

In a separate case, sheriff's attorneys argued that deputies on the site made reference to the investigation of Steve and Marlene Aisenberg's missing baby and that the information was vital. The Aisenbergs are suing the sheriff's office, alleging malicious prosecution.

In that case, Levens also ruled that the sheriff's office could not secure the names of deputies posting on the site.