DOJ Seeks Identities of Libertarian News Site's Anonymous Commenters

Fox and Friends

…Judge Andrew Napolitano, first disclosing that carries his opinion pieces, criticized this move by the Justice Department. He said in cases like this, the presumption is always that “all speech is protected.”

But he said a just-issued Supreme Court ruling laid out the following three standards that the government must follow if it wants to prosecute speech:

  1. If there is a threat, the person must have the present, apparent ability to carry out the threat. 
  2. The words must manifest a clear intention to carry out the threat
  3. There must be a likelihood of success before other words can negate or challenge the threat.

Napolitano said none of these circumstances are present in the Reason case.

Despite the speech being “reprehensible,” Napolitano said the Supreme Court defends a person’s right to say these things…



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