Free speech should be practiced only by those who are ready to deal with the consequences, which just might include a knock on the door by a friendly federal investigator wanting to know if you posted an anonymous comment on a Web site. Were you advocating violence or confessing to breaking the federal tax laws?This is not a hypothetical.On May 26 the Review-Journal published an article about an ongoing federal tax evasion trial. The primary defendant, Las Vegan Robert Kahre, stands accused of tax fraud for using the rather inventive argument that he could pay people in U.S. minted gold and silver coins based on their precious metal value but for tax purposes use their face value, which is many times less.The story was posted on our Web site. When last I checked nearly 100 comments were appended to it, running the gamut from the lucid to the ludicrous.This past week the newspaper was served with a grand jury subpoena from the U.S. attorney's office demanding that we turn over all records pertaining to those postings, including "full name, date of birth, physical address, gender, ZIP code, password prompts, security questions, telephone numbers and other identifiers … the IP address," et (kitchen sink) cetera.

[…]Bottom line: We could fight the federal subpoena, at considerable expense, and lose. Our attorneys are now trying to see if we can limit the scope of the information sought.What the prosecutors don't appear to understand is that we don't have most of what they are seeking. We don't require registration. A person could use a fictitious name and e-mail address, and most do. We have no addresses or phone numbers.To add prior restraint to the chilling effect of the sweeping subpoena, we were warned: "You have no obligation of secrecy concerning this subpoena; however, any such disclosure could obstruct and impede an ongoing criminal investigation. …"Source - Las Vegas Review-Journal

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