ACLU of New Jersey responds to Union County official’s attempt to dissuade free speech activities
By County Watchers | December 2, 2008County Watchers blogger Tina Renna sought the advice of the American Civil Liberties Union of New Jersey after she received a letter from an attorney retained by the Union County Manager, George Devanney and his wife Angie.
The letter requested that the County Watchers blog immediately remove pictures of the Devanney’s private residence (which shows a lawn sign supporting local Republican candidates). Further, the Devanney’s allege that this blog has made unfair references to Angela Devanney and is requesting, through their attorney, that any and all references to her be removed.
Angela Devanney is the former Union County Open Space Trust Fund Administrator and Berkeley Heights Township Administrator. Also, the Devanney’s allege that taking pictures of Mr. Devanney outside his gym (returning to his county taxpayer funded vehicle which he fills up at the county gas pumps) and allege (an unnamed person) followed him from Garwood to his home in Berkeley Heights in the early morning hours serve no purpose for watchdog actives and borders on criminal conduct.
Despite these descriptions of blog posts mentioned in the Devanney attorney’s letter which was delivered to Tina Renna’s home by messenger on November 13, 2008, just four business days after a similar lawsuit filed by the county’s spokesperson was dismissed, the American Civil Liberties Union of New Jersey has stated in a letter in response to Renna’s “request for assistance regarding attempts by Union County to dissuade you from engaging in free speech activities” that they are “unclear what specific statements made by Renna about the county manager or his wife are being alleged to be defamatory”. The ACLU has requested that Renna ask for that information from the Devanney’s attorney and provide it to them.
Ed Barocas, Legal Director of the American Civil Liberties Union of New Jersey stated in his letter to Tina Renna “You expressed to me your belief that the prior lawsuit and current “cease and desist” letter are part of the county’s attempt to burden, or dissuade you from engaging in, your right to free speech. Please inform me of any further threats of lawsuit or any other actions taken against you by or on behalf of county officials from this point forward.”
ACLU of NJ letter
Devanney letter
Newspaper quotes commenting after the dismissal of a lawsuit alleging defamation brought by the Union County spokesperson and Public Information officer Sebastian D’Elia, against Tina Renna, Patricia Quatrocchi and the Elizabeth Reporter newspaper:
“This frivolous lawsuit was filed to harass me, to frighten me, to shut me up, to get me to stop being a watchdog of Union County government. It failed on all counts” Tina Renna, Star-Ledger, November 9, 2008
“This was not a hard case for the court to decide, given the questionable allegations of libel and the complete lack of proof of any damages,” Morin said. “The decision further demonstrates that internet bloggers can challenge the actions of government officials and receive the same protections afforded to the traditional media.” Attorney Phil Morin who represented Tina Renna and Patricia Quattrocchi, Cranford Chronicle November 10, 2008
“Unfortunately, we will never know what kind of chilling affect that this case had on other individuals who might have stepped forward to criticize county government, but were afraid of being sued,” Quattrocchi said. “At least now, people will know that they can speak out and that the First Amendment is on their side.” Cranford Chronicle November 10, 2008
“This is a great victory for the First Amendment and the citizens of Union County,” Renna said. “Pat and I will continue to shine a light on the inner-workings of county government and make sure it is exposed for what it is.” Westfield Leader November 13, 2008