Anonymous Blogger Sues Police Over Church Investigation

Florida police and state prosecutors have been sued for allegedly revealing the identity of an anonymous blogger to his church. According to the Associated Baptist Press, the blogger “started his blog after noticing differences in preaching style, fundraising and church administration” between his current pastor and the previous pastor.

The purpose of the blog was to address these issues without the discussion getting person, since no one was aware of the blogger’s identity.

The lawsuit alleges that the church, upset at the blog’s contents, asked police to investigate. After investigation, police revealed the identity of the blogger to church officials, who subsequently banned the man from the church.

The lawsuit alleges the investigation and subsequent denial of access to the church violated the man’s First Amendment Rights to Free Speech and Free Exercise of Religion and the First Amendment’s Establishment Clause. The suit claims that police “acting under color of state law, spent taxpayer money and government time prosecuting an errand of the church and in so doing acted as an extension and enforcer for a particular religious entity.”

The lawsuit is seeking $15,000 in damages.

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5th Circuit – Interior Designers Can Call Themselves Interior Designers

The 5th Circuit recently held that the First Amendment protects the right of interior designers to use the job title “interior designer.” The suit arose out of the State of Texas. Although Texas did not require interior designers obtain a license prior to practicing their trade, it did prohibit unlicensed practitioners from describing themselves as “interior designers.”

The 5th Circuit held that the limited commercial speech doctrine was applicable to the case and thus granted a preliminary injunction preventing the state from enforcing the law. The reasoning of the “likelihood of success on the merits” prong of the preliminary injunction analysis suggests that the end result will uphold this ruling.

The court wrote: “The descriptive term “interior designer and interior design are not…inherently misleading. They merely describe a person’s trade or business. The terms can be employed deceptively, for example if a person does not actually practice interior design, but the speech is neither actually nor inherently misleading.”

Disclaimer: The foregoing is general legal information only and not intended to serve as legal advice or a substitute for legal advice. If you have been injured or damaged due to government infringement of your freedom of speech go to www.ContingencyCase.com to see if there is a lawyer or attorney in your local area who is willing to take your case on a contingency fee basis. ContingencyCase.com is an online legal directory that allows Attorneys to advertise their availability to take all kinds of cases on a contingency fee basis (for example personal injury, eminent domain, contract cases, partnership disputes, etc.). Please note there are no guarantees that any attorney or lawyer will take your case. Copyright 2009 ContingencyCase.com – All Rights Reserved.

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This site will feature legal news about First Amendment Law and free speech and expression issues. We will interview First Amendment Law lawyer and First Amendment Law attorney to obtain perspective on the latest news and issues in First Amendment Law and where applicable, free speech and asociation issues.

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