The Deposition

Sun, 30 May 2010

A little over a week ago, I spent more than two and half hours with lawyers.

I don’t have a habit of hanging out with attorneys. If I had my druthers, I’d have been doing something else that morning, like spending time with my wife, or even doing some needed yardwork. However, I had been "commanded to appear before a person authorized to take depositions". I’d been served with a subpoena naming me, which gave me little choice in the matter.

I had better things I could do with my time, but the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida wasn’t about to let me ignore this just because I wanted to do something else. I showed up like a good citizen and affirmed that I would be telling the truth, while a court reporter duly noted all that was said. Fun.

I had only the most peripheral involvement in the case, styled Richard Terry vs. Armor Correctional Health Services. In fact, I couldn’t care less about this case, were it not for one small detail: An earlier subpoena had been drafted, naming the Florida Progressive Coalition, which sought information regarding anonymous comment authors on an article published to the FPC blog.

Through some as yet to be determined method, the FPC was made aware of this subpoena without actually being served with it. When I first saw it, I failed to notice something rather important. That subpoena naming the FPC was neither signed, nor dated. Strange thing, that.

Regarding the issue of outing an anonymous comment author, I must say that no subpoena, (legally served or not), could have persuaded me to give up information without first seeking legal advice. I am intransigent in my conviction that the First Amendment protects anonymous speech. When Kenneth Quinnell, Executive Director of the FPC, failed to answer my urgent objections regarding the need to consult legal counsel, I tendered my resignation from the organization. I thought that had ended my involvement with this mess.

Yet the very act of making public my resignation over this matter triggered a deeper involvement in the case. It’s worth noting that walking away is what got me dragged back into it. A copy of the blog post in which I made public my resignation from the FPC was received by the plaintiff’s attorney. He contacted me with some questions and after a few emails, I was eventually served with my own subpoena.

So instead of cultivating blisters by digging holes for some fruit trees and bushes I’d recently picked up at the nursery, I spent a beautiful, sunny Friday morning in a hotel conference room, talking myself hoarse.

Despite the formality of the deposition, there was a level of genuine human interaction that I had not expected to encounter. I would never have chosen to become involved in a legal proceeding like this one, but as a life experience, I am glad to have had it.

I was able to articulate, for the record, my absolute belief that the First Amendment protects anonymous speech; and that it was the intent of Founders to protect not only formal journalists, but all forms of the press, including pamphleteers and rabble-rousers. I consider myself a sometimes journalist, an occasional pamphleteer, and a full-time rabble-rouser. I blog without hiding behind the shield of a pseudonym, but I understand the reasons one might decide to write anonymously and will always respect the rights of those who do so.

There is a small chance that I may be called to testify in court at some point during this case. I hope I won’t be, as I have better things I could do with the time.

To fellow bloggers who find themselves facing a deposition because of their online activities, I would like to share a few words of advice, (while making it clear that I am not a lawyer and that this is not to be considered any sort of legal advice):

  • Consider seeking legal counsel when you are served with a subpoena. You can’t be certain of your legal rights if you go it alone. The last thing you want to do is incriminate yourself somehow, or admit liability to something actionable. (That said, I trusted in my own ability to navigate my way through this deposition, though I wouldn’t recommend that course for anyone else.)
  • Show up early for the deposition. Get adequate directions and leave early so that you can show up on time, even if traffic is heavy. If you make allowances for any unexpected delays you might encounter, you will have time to compose yourself and relax prior to the ordeal.
  • Come prepared. Gather and sort out any requested or otherwise relevant documents well beforehand. Organization allows you to fully respond to document requests. Reviewing the material and referring to documentation during the deposition will help you respond accurately to any questions.
  • Keep a good attitude throughout the deposition. Even in an adversarial situation, having a pleasant and professional demeanor will allow you to remain relaxed and confident.
  • Try not to interrupt the lawyer’s questions. The court reporter cannot easily transcribe any crosstalk. The questions are usually formulated beforehand and if you interrupt, the lawyer will likely start over and repeat the question, which will waste time.
  • Be articulate and direct in framing your responses. Don’t dither or beat around the bush. Get to the point and don’t allow yourself to get sidetracked. Only use words you understand. If your answer requires you to use jargon, (e.g. a word or phrase specific to some field of knowledge), include a short parenthetical definition of the jargon within the response.
  • Relax and be yourself. Getting nervous or tense won’t help you answer questions. Remaining calm reduces mental distraction and will help you stay focused. Speak as you normally would in any professional setting. Avoid verbal affectations intended to make you sound smart, as they will often hint toward the opposite conclusion.

As a blogger and online activist, I have little doubt that we who contribute to New Media will occasionally find ourselves involved in what we write about. At times, that involvement will drag us into legal proceedings. Hopefully, I won’t have any further involvement in this or any other legal proceeding, but it served to remind me that our online activities have consequences in the real world.

Contributing to a blog, in itself, conveys little gravitas, because so many everyday people are now contributing to online discourse. It is important that we remember that choosing to contribute to a blog is not a light decision. Sometimes what we create will affect the lives of those in our audience. Occasionally, we will be confronted with the real life consequences of what we have created.

» Comments are closed.
» Link: / florida / politics / The Deposition