A Jacksonville blogger filed a lawsuit Monday claiming police and state prosecutors violated his constitutional rights to anonymity and free speech in a 2008 criminal case "fabricated" solely to uncover his identity for First Baptist Church.
The lawsuit also claims the Jacksonville Sheriff's Office and State Attorney's Office violated the First Amendment's establishment clause by disclosing the blogger's name to the downtown megachurch. Doing so amounted to taking sides in a religious dispute between the blogger, Thomas Rich, and the church, according the suit.
The suit does not name First Baptist as a defendant because only government agencies can be held accountable for the violation of citizens' free speech rights, said Rich's attorney, Michael Roberts.
The suit seeks damages of at least $15,000 -- the minimum required to file a case in Duval County -- for what it describes as the ongoing "emotional anguish, emotional distress, and loss of enjoyment of life" as a result of Rich and his wife being barred from the church they had attended for 20 years. The couple joined another Southern Baptist church as a result.
Rich launched his blog in August 2007. In it, Rich chastised Pastor Mac Brunson and other First Baptist Church leaders on everything from salary and housing to fundraising priorities and ministry objectives.
Rich said Monday he wanted to remain anonymous partly to keep the focus on the issues and he feared retribution.
The suit rejects police's assertion the investigation was meant to protect the congregation's safety.
"The criminal investigation was fabricated to create the illusion of legitimacy but was, in fact, a mere pretext for the disclosure" of Rich's identity to the church, the lawsuit says.
Church officials could not be reached Monday. But its top administrator, the Rev. John Blount, has told the Times-Union he called Detective Robert Hinson last fall to report increasing vitriol on Rich's then-anonymous blog, FBCJaxWatchdog.blogspot.com.
Blount said he also told Hinson, a church member, that mail had been stolen from Brunson's home and that a stalker had taken photos of Brunson's wife. Although police reports were never filed on those incidents, the church wanted to know if the blog, letters and photographs were connected, Blount said.
The investigation, which lasted from Sept. 29 to Nov. 13, ended with no criminal findings.
Sheriff's spokeswoman Lauri-Ellen Smith had no comment on the suit.
Assistant State Attorney Stephen Siegel is named as a defendant because he approved Hinson's requests for subpoenas to Google and Comcast for all information related to the blogger.
State Attorney Angela Corey, who was not in office at the time of the investigation, said she hadn't seen the lawsuit but added she believes proper procedures were followed in issuing the subpoenas. She said she plans to look into the matter.
Source: Jacksonville.com
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