Suit Filed Against Stormfront and Alpha.org (racist organizations) in Pennsylvania Threatens Internet Liberties; Injunction Crimializes And Bans "Threatening" and "Harassing" Speech On-Line
Anarchist News Service
Injunction Criminalizes And Bans "Threatening" and "Harassing" Speech On-Line
November 8, 1998
Philadelphia, Pennsylvania -- Regardless of the offensiveness of the material, this injunction, which apparently has been granted, is a serious violation of American citizen's civil liberties and freedom of speech. If the courts are allowed to remove this material, they can also remove a lot of other material on the Internet -- material like Free Mumia! web pages attacking Judge Sabo, or any web sites that label Clinton a murderer for his bombing of Arabs and Africans. Read this thing -- it's pretty frightening. Plus, it looks like this is a case of a Court in Pennsylvania applying its community standards and laws to an organization based partially in California and Nevada. Imagine the result of this ruling is applied to pornography or other "offensive" speech, and an injunction under the laws of Pennsylvania is made to stick against a service provider in California or Nevada.
Note that this injunction will also apply to the anti-scientologist movement, the abortion rights movement, and any movement which uses inflammatory rhetoric. It is ridiculous and should be opposed. Further, in protest, ANS is trying to get a copy of the offending page to display on-line at http://www.overthrow.com. If any has it, please E-mail it to us.
(We are also appending to this the message we got from INTOLERANCE when they sent this to us and the E-mails of a number of racist groups, for those who are interested in contacting such people.)
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IN THE COURT OF COMMON PLEAS OF BERKS COUNTY, PENNSYLVANIA CIVIL ACTION
EQUITY
COMMONWEALTH OF PENNSYLVANIA ACTING BY ATTORNEY GENERAL D. MICHAEL
FISHER,
Plaintiff
v.
ALPHA HQ, RYAN WILSON, TIM DELAIRE, BLUELANTERN
INC., STORMFRONT,
INC, NEVADA BUSINESS RESOURCES -- DEEPWELL INTERNET SERVICES, NETWORK
SOLUTIONS, INC.,
AND ANY PERSONS ACTING IN CONCERT THEREWITH (NAMES AND UNNAMED),
Defendants
COMPLAINT IN EQUITY
AND NOW comes the Commonwealth of Pennsylvania, acting by Attorney General D. Michael Fisher, (hereinafter referred to as the “Commonwealth”), and brings this action pursuant to the State Civil Redress Statute, 42 Pa. C.S. Sec. 8309, to request injunctive or other equitable relief from the conduct and activity which constitutes a violation of 18 Pa. C.S. Sec. 2710. In support thereof, the Commonwealth represents the following:
1. Plaintiff is the Commonwealth of Pennsylvania, acting by Attorney General D. Michael Fisher, on behalf of the citizens of the Commonwealth.
2. Defendants are ALPHA HQ, Ryan Wilson, Tim DeLaire, Bluelantern, Inc., Stormfront, Inc., Nevada Business Resources--Deepwell Internet Services, Network Solutions, Inc., and all other unnamed individuals acting in concert with, or in furtherance of the conduct of said named Defendants, (hereinafter referred to as “Defendants”).
3. Defendant, ALPHA HQ is a white supremacist group with its main headquarters located at 2439 Memphis Street, Philadelphia, PA 19125.
4. Defendant, Ryan Wilson, located at 2439 Memphis Street, Philadelphia, Pennsylvania 19125, is the founder of ALPHA HQ and the registered owner and controller of the alpha.org domain which is an Internet site.
5. Defendant, Tim DeLaire, located at P.O.Box 6180, St. Charles, Missouri, is the registered technical contact of ALPHA HQ and as such is in a position of control over the alpha.org domain.
6. Defendant, Bluelantern, Inc., located at 7393 W. Jefferson, Lakewood, Colorado 80235, is the named owner of the Internet domain wpww.com and the website entitled WPWW, or White Power World Wide, which is the host of the alpha.org domain, and as such has control over the content of the alph.org domain.
7. Defendant, Stormfront, Inc., located at P.O. Box 6637, West Palm Beach, Florida, 33405, offers domain services (address and direction services) to alpha.org and wpww.com and thus has control over access to the alpha.org website.
8. Defendant, Nevada Business Resources--Deepwell Internet Services, located at 7949 California Avenue, Suites 8&9, Fair Oaks, California 95628, provides the same address and direction services to alph.org that Defendant Stormfront provides thus also has control over access to the alpha.org website.
9. Defendant, Network Solutions, Inc., is located at 505 Huntmar Park Drive, Herndon, Virginia 20170, and engages in the following:
a. provides core registration services to alpha.org;
b. is involved in domain name disputes; and
c. has control over the access to the domain of alpha.org.
10. At all times relevant hereto, Bonnie Jouhari was employed as a Fair Housing Specialist with the Reading-Berks Human Relations Council. Her duties included fair housing enforcement and chairing the Berks County Conflict Resolution Task Force. In these positions her responsibilities included planning anti-hate activities in the community, addressing issues of hate crime and racial hatred, and the activities of local hate groups.
11. At all times relevant hereto, Ann Van Dyke was employed as the Assistant to the Director of the Education and Community Services Division at the Pennsylvania Human Relations Commission. Her duties included responding to public acts of organized hate groups and addressing issues of racial hatred and intolerance. She is known to members of various hate groups in the Commonwealth of Pennsylvania to be vocal in the community about issues of race relations, hate crimes and racial intolerance and bigotry.
COUNT I
TERRORISTIC THREATS
12. Paragraphs 1 through 11, inclusive are incorporated herein by reference as if more fully set forth herein.
13. Upon information and belief, during February and March of 1998, and at other subsequent times, Defendants engages in conduct which constitutes a violation of 18 Pa. C.S. Sec. 2706, by publishing on the Internet webpage http://www.alpha.org/stateofhate/stateofhate.html threatening material, with intent to terrorize and/or with reckless disregard for the risk of causing terror to Bonnie Jouhari, all employees of the Reading-Berks Human Relations Council, and Ann Van Dyke as follows:
a. A picture of Bonnie Jouhari, stating “[she] has received warnings in the mail that she is a race traitor...Traitors like this should beware, for in our day, they will be hung from the neck from the nearest tree or lamp post”;
b. A picture depicting the bombing of the Reading-Berks Human Relations Council Office. (A disclaimer was subsequently added to this exploding image);
c. A picture of Ann Van Dyke, stating that she is “more attractive than she is intelligent” and that “Pennsylvania has all the characteristics of Germany prior to World War II”.
See Attached Exhibits 2&3, Downloaded Images and Print-outs.
14. The aforementioned pictures and messages communicated and received through the Internet constitute explicit and overt threats of violence within the purview of 42 Pa. C.S. Sec. 8309(b).
15. In the context of the circumstances, the pictures and messages as communicated through the Internet constitute threats of murder and arson; cause psychological distress; terrorize Bonnie Jouhari, all employees of the Reading -Berks Human Relations Council, and Ann Van Dyke and invade their personal sense of security.
PRAYER FOR RELIEF
Wherefore, the Commonwealth respectfully requests that this Court issue the following Orders:
A. Permanently enjoin Defendants ALPHA HQ and Ryan
Wilson, and/or others, from publishing, posting, or distributing on the
Internet, and/or website http://www.alpha.org and/or webpage, http://www.alpha.org/stateofhate.html,
the aforementioned pictures and/or messages, in violation of 18 Pa. C.S.
Sec. 2706, which constitute terroristic threats, threats of violence, and
cause psychological distress to Bonnie Jouhari, all employees of the Reading-Berks
Human Relations Council, and Ann Van Dyke and invades their personal sense
of security.
If Defendants ALPHA HQ or Ryan Wilson and/or others,
fail to cease and desist from publishing, posting, or distributing on the
Internet, and/or website http://www.alpha.org and/or webpage, http://www.alpha.org/stateofhate.html,
the aforementioned pictures and/or messages:
B. Permanently enjoin Defendants Tim DeLaire, Bluelantern,
Inc., Stormfront, Inc., Nevada Business Resources--Deepwell Internet Services
from providing, operating, or running Domain Name Service (hereinafter
referred to as “DNS”) for the ALPHA HQ website or any other host on which
the aforementioned webpage appears.
If Defendants Tim DeLair, Bluelantern, Inc., Stormfront,
Inc., Nevada Business Resources--Deepwell Internet Services fail to cease
and desist from providing, operating, or running DNS for the ALPHA HQ website
at www.alph.org, alpha.org, or any other host on which the aforementioned
webpage appears:
C. Permanently enjoin Network Solutions Inc., from providing, operating, or running root DNS for the ALPHA HQ domain of alpha.org.
D. Permanently enjoin Defendants ALPHA HQ and Ryan Wilson from engaging in the aforementioned acts or other practices in violation of 18 Pa. C.S. Sec. 2706.
E. Grant the Commonwealth costs of investigation and costs of filing this action against Defendants.
F. Provide any and all other such relief as the Court may deem just and necessary.
COUNT II HARASSMENT
16. Paragraphs 1 through 15, inclusive are incorporated herein by reference as if more fully set forth herein.
17. Upon information and belief, during February
and March of 1998, and at other subsequent times, Defendants engages in
conduct which constitutes a violation of 18 Pa. C.S. Sec. 2706, by publishing
on the Internet webpage http://www.alpha.org/stateofhate/stateofhate.html
threatening material, with intent to terrorize and/or with reckless disregard
for the risk of causing terror to Bonnie Jouhari, all employees of the
Reading-Berks Human Relations Council, and Ann Van Dyke as follows:
a. A picture of Bonnie
Jouhari, stating “[she] has received warnings in the mail that she is a
race traitor...Traitors like this should beware, for in our day,
they will be hung from the neck from the nearest tree or lamp post”;
b. A picture depicting the
bombing of the Reading-Berks Human Relations Council Office;
c. A picture of Ann Van
Dyke, stating that she is “more attractive than she is intelligent” and
that “Pennsylvania has all the characteristics of Germany prior to World
War II”.
18. These pictures and messages, displayed on the Internet webpage were viewed by the aforementioned individuals on several occasions since the original publishing.
19. The publication of these pictures and messages serves no legitimate purpose, alarms and seriously annoy the aforementioned individuals, and as such constitutes harassment in violation of 18 Pa. C.S. Sec. 2709(a)(3).
PRAYER FOR RELIEF
Wherefore, the Commonwealth respectfully requests that this Court issue the following Orders:
A. Permanently enjoin Defendants
ALPHA HQ and Ryan Wilson, and/or others, from publishing, posting, or distributing
on the Internet, and/or website http://www.alpha.org and/or webpage, http://www.alpha.org/stateofhate.html,
the aforementioned pictures and/or messages, in violation of 18 Pa. C.S.
Sec. 2706, which constitute terroristic threats, threats of
violence, and cause psychological distress to Bonnie Jouhari, all employees
of the Reading-Berks Human Relations Council, and Ann Van Dyke and invades
their personal sense of security.
If Defendants ALPHA HQ or Ryan Wilson and/or others, fail to cease and desist from publishing, posting, or distributing on the Internet, and/or website http://www.alpha.org and/or webpage http://www.alpha.org/stateofhate.html, the aforementioned pictures and/or messages:
B. Permanently enjoin Defendants Tim DeLaire, Bluelantern,
Inc., Stormfront, Inc., Nevada Business Resources--Deepwell Internet Services
from providing, operating, or running Domain Name Service (hereinafter
referred to as “DNS”) for the ALPHA HQ website or any other host on which
the aforementioned webpage appears.
If Defendants Tim DeLair, Bluelantern, Inc., Stormfront,
Inc., Nevada Business Resources--Deepwell Internet Services fail to cease
and desist from providing, operating, or running DNS for the ALPHA HQ website
at www.alph.org, alpha.org, or any other host on which the aforementioned
webpage appears:
C. Permanently enjoin Network Solutions Inc., from providing, operating, or running root DNS for the ALPHA HQ domain of alpha.org.
D. Permanently enjoin Defendants ALPHA HQ and Ryan Wilson from engaging in the aforementioned acts or other practices in violation of 18 Pa. C.S. Sec. 2706.
E. Grant the Commonwealth costs of investigation and costs of filing this action against Defendants.
F. Provide any and all other such relief as the Court may deem just and necessary.
COUNT III HARASSMENT BY COMMUNICATION 20. Paragraphs 1 through 19, inclusive are incorporated herin by reference as if more fully set forth herein.
13. Upon information and belief, during February
and March of 1998, and at other subsequent times, Defendants engages in
conduct which constitutes a violation of 18 Pa. C.S. Sec. 2706, by publishing
on the Internet webpage http://www.alpha.org/stateofhate/stateofhate.html
threatening material, with intent to terrorize and/or with reckless disregard
for the risk of causing terror to Bonnie Jouhari, all employees of the
Reading-Berks Human Relations Council, and Ann Van Dyke as follows:
a. A picture of Bonnie Jouhari,
stating “[she] has received warnings in the mail that she is a race traitor...Traitors
like this should beware, for in our day, they will be hung from the neck
from the nearest tree or lamp post”;
b. A picture depicting the bombing of the Reading-Berks Human Relations Council Office;
c. A picture of Ann Van Dyke, stating that she is “more attractive than she is intelligent” and that “Pennsylvania has all the characteristics of Germany prior to World War II”.
22. These pictures and messages were anonymously published on the aforementioned Internet website and viewed by the aforementioned individuals on several occasions since the original publishing.
23. Defendants’ conduct constitutes harassment by communication where access to the Internet is either direct or indirect by communicating through telephone lines (via modems) with Internet Service Providers.
PRAYER FOR RELIEF
Wherefore, the Commonwealth respectfully requests that this Court issue the following Orders:
A. Permanently enjoin Defendants ALPHA HQ and
Ryan Wilson, and/or others, from publishing, posting, or distributing on
the Internet, and/or website http://www.alpha.org and/or webpage, http://www.alpha.org/stateofhate.html,
the aforementioned pictures and/or messages, in violation of 18 Pa. C.S.
Sec. 2706, which constitute terroristic threats, threats of violence, and
cause psychological distress to Bonnie Jouhari, all employees of the Reading-Berks
Human Relations Council, and Ann Van Dyke and invades their personal sense
of security.
If Defendants ALPHA HQ or Ryan Wilson and/or others,
fail to cease and desist from publishing, posting, or distributing on the
Internet, and/or website http://www.alpha.org and/or webpage http://www.alpha.org/stateofhate.html,
the aforementioned pictures and/or messages:
B. Permanently enjoin Defendants Tim DeLaire, Bluelantern,
Inc., Stormfront, Inc., Nevada Business Resources--Deepwell Internet Services
from providing, operating, or running Domain Name Service (hereinafter
referred to as “DNS”) for the ALPHA HQ website or any other host on which
the aforementioned webpage appears.
If Defendants Tim DeLair, Bluelanter, Inc., Stormfront,
Inc., Nevada Business Resources--Deepwell Internet Services fail to cease
and desist from providing, operating, or running DNS for the ALPHA HQ website
at www.alpha.org, alpha.org, or any other host on which the aforementioned
webpage appears:
C. Permanently enjoin Network Solutions Inc., from providing, operating, or running root DNS for the ALPHA HQ domain of alph.org.
D. Permanently enjoin Defendants ALPHA HQ and Ryan Wilson from engaging in the aforementioned acts or other practices in violation of 18 Pa. C.S. Sec. 2706.
E. Grant the Commonwealth costs of investigation and costs of filing this action against Defendants.
F. Provide any and all other such relief as the Court may deem just mand necessary.
COUNT IV ETHNIC INTIMIDATION
24. Paragraphs 1 through 23, inclusive are incorporated herein by reference as if more fully set forth herein.
25. Upon information and belief, during February
and March of 1998, and at other subsequent times, Defendants
engages in conduct which constitutes a violation of 18 Pa. C.S. Sec. 2706,
by publishing on the Internet webpage http://www.alpha.org/stateofhate/stateofhate.html
threatening material, with intent to terrorize and/or with reckless disregard
for the risk of causing terror to Bonnie Jouhari, all employees of the
Reading-Berks Human Relations Council, and Ann Van Dyke as follows:
a. A picture of Bonnie Jouhari,
stating “[she] has received warnings in the mail that she is a race traitor...Traitors
like this should beware, for in our day, they will be hung from the neck
from the nearest tree or lamp post”;
b. A picture depicting the bombing of the Reading-Berks Human Relations Council Office;
c. A picture of Ann Van Dyke, stating that she is “more attractive than she is intelligent” and that “Pennsylvania has all the characteristics of Germany prior to World War II”.
PRAYER FOR RELIEF
Wherefore, the Commonwealth respectfully requests that this Court issue the following Orders:
A. Permanently enjoin Defendants ALPHA HQ and
Ryan Wilson, and/or others, from publishing, posting, or distributing on
the Internet, and/or website http://www.alpha.org and/or webpage, http://www.alpha.org/stateofhate.html,
the aforementioned pictures and/or messages, in violation of 18 Pa. C.S.
Sec. 2706, which constitute terroristic threats, threats of violence, and
cause psychological distress to Bonnie Jouhari, all employees of the Reading-Berks
Human Relations Council, and Ann Van Dyke and invades their personal sense
of security.
If Defendants ALPHA HQ or Ryan Wilson and/or others,
fail to cease and desist from publishing, posting, or distributing on the
Internet, and/or website http://www.alpha.org and/or webpage, http://www.alpha.org/stateofhate.html,
the aforementioned pictures and/or messages:
B. Permanently enjoin Defendants Tim DeLaire,
Bluelantern, Inc., Stormfront, Inc., Nevada Business Resources--Deepwell
Internet Services from providing, operating, or running Domain Name Service
(hereinafter referred to as “DNS”) for the ALPHA HQ website or any other
host on which the aforementioned webpage appears.
If Defendants Tim DeLair, Bluelantern, Inc., Stormfront,
Inc., Nevada Business Resources--Deepwell Internet Services fail to cease
and desist from providing, operating, or running DNS for the ALPHA HQ website
at www.alph.org, alpha.org, or any other host on which the aforementioned
webpage appears:
C. Permanently enjoin Network Solutions Inc., from providing, operating, or running root DNS for the ALPHA HQ domain of alpha.org. D. Permanently enjoin Defendants ALPHA HQ and Ryan Wilson from engaging in the aforementioned acts or other practices in violation of 18 Pa. C.S. Sec. 2706.
E. Grant the Commonwealth costs of investigation and costs of filing this action against Defendants.
F. Provide any and all other such relief as the Court may deem just and necessary.
Respectfully submitted,
D. Michael Fisher Attorney General
Alexis L. Barbieri Executive Deputy Attorney General
Public Protection Division
By: Trent Hargrove Chief Deputy Attorney General
Civil Rights
Enforcement Section 14th floor, Strawberry
Square Harrisburg, PA 17120 (717) 787-0822
Attorney ID#: 32117
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Racist's E-mail addresses: mark mengela <whitew...@juno.com>;
kr...@posse-comitatus.org <kr...@posse-comitatus.org>; jwic...@up.net
<jwic...@up.net>; ebi...@glasnet.ru <ebi...@glasnet.ru>;
arya...@nidlink.com <arya...@nidlink.com>; jpis...@hotmail.com
<jpis...@hotmail.com>; ste...@oceanway.com <ste...@oceanway.com>;
intol...@if.rmci.net <intol...@if.rmci.net>; Cobr...@gte.net
<Cobr...@gte.net>; ak...@bellsouth.net <ak...@bellsouth.net>;
SC...@farmerstel.com <SC...@farmerstel.com>; ke...@pop.mindspring.com
<ke...@pop.mindspring.com>; Real...@aol.com <Real...@aol.com>;
fok...@aol.com <fok...@aol.com>; NewOrde...@webtv.net <NewOrde...@webtv.net>;
Kamel...@hotmail.com <Kamel...@hotmail.com>; Real...@aol.com <Real...@aol.com>;
n...@concentric.net <n...@concentric.net>; AxCu...@aol.com <AxCu...@aol.com>;
mil...@hotmail.com <mil...@hotmail.com>; teutonic...@hotmail.com
<teutonic...@hotmail.com>; drag...@hotmail.com <drag...@hotmail.com>;
amp...@nidlink.com <amp...@nidlink.com>; Star...@aol.com <Star...@aol.com>;
grandd...@hotmail.com <grandd...@hotmail.com>; dixi...@airnet.net
<dixi...@airnet.net>; fourte...@nidlink.com <fourte...@nidlink.com>
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The message INTOLERANCE sent us:
Whether you agree with us racialists or not on the
issue of race; we are agreed that we ALL hate this US government &
agree it
must be removed, permantely! If you don't stand with us on this issue
&
defend the "rights" of these & other people to publish whatever
information
they wish on the web its only a relatively small amount of time before
they
come for you & all other extremists & anarchists etc ! You
all publish
information on the living quarters of pig police officers, want to
bet they
come for you too?
INTOLERANCE POB 2615 IF, ID 83402
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For more anarchist news and information, contact:
Utopian Anarchist Party
Post Office Box 12244
Silver Spring, MD 20908