Protecting Free Speech in New Jersey

That chill in the air is not the last gasp of winter. It’s New Jersey legislators trying to ice free speech on the Internet, according to advocacy groups who took aim at a pair of bills meant to curb anonymous postings.

In a joint letter sent yesterday to three assemblymen, the groups said bills A-1327 and A-2326 conflict with state and federal laws.

“... We urge you to withdraw your support for these troubling bills and not waste taxpayer resources defending laws that will inevitably be challenged in court and struck down,” the letter said. It was signed by representatives of the Electronic Frontier Foundation, the Center for Democracy and Technology, Public Citizen and the U.S. Internet Industry Association. Craig Newmark, founder of craigslist, and a pair of law professors also signed.

A-1327 would require operators of interactive Web sites to solicit identities of online participants; operators could be held liable for defamatory statements made on their sites.

Its sponsor, Assemblyman Peter Biondi (R-Somerset), has said his intention was to restore civility to forums at nj.com, a sister organization of The Star-Ledger. The lawmaker awaits a review of his bill from the state Office of Legislative Services, his office said.

The second bill isn't A-2326, but rather A-2623, which would require certain Internet operators to remove defamatory materials and to disclose account information to defamed individuals. This particular bill has two sponsors, neither of whom appear particularly well versed in the jurisdictional issues of trying to govern conduct on the Internet. A2623 should die a quick death alongside A1327 for trying to chill free speech.

My prior coverage: here and here.