Lea este artículo en español aquí.
A federal judge on Nov. 26 temporarily blocked a subpoena issued by the San Benito County Board of Supervisors to Meta aimed at identifying who’s behind the Facebook page Benito Beet Beat, which has been embroiled in a controversy over a cartoon.
The subpoena, approved by the board on Nov. 18, sought to compel Meta to reveal the account’s administrators so the county could issue restraining orders against them.
The U.S. District Court for the Northern District of California San Jose Division halted the subpoena after concluding that the cartoon at the center of the dispute was likely political satire protected under the First Amendment, and not an actual threat.
U.S. Magistrate Judge Virginia K. DeMarchi reviewed the case and found the Facebook account and its lawyers are “likely to succeed” in showing the cartoon was protected political satire and ordered the county to withdraw its subpoena and halt any attempts to identify the Facebook account holders until a Dec. 10 hearing.
“While the Cartoon is hyperbolic and provocative, plaintiffs are likely to succeed in showing that it cannot reasonably be construed as a ‘true threat’ of violence against any individual or the Board collectively, or as an incitement of others to commit violence,” the court’s decision states. “Rather, the Cartoon appears to raise concerns about the risk of violence created by the Board’s decision regarding security at the County’s behavioral health clinic.”
DeMarchi added that revealing the authors’ identities would cause “irreparable harm.” She stressed that anonymous political speech is protected by the First Amendment and that, without the temporary restraining order, the plaintiffs would have no other way to challenge the subpoena. “The loss of anonymity is itself a harm that cannot be repaired.”
The nonprofit First Amendment Coalition, whose stated goal is to defend a free press and freedom of expression, intervened on behalf of the anonymous Benito Beet Beat backers after the Board of Supervisors voted to issue the subpoena.
Supervisors said they viewed the cartoon as a threat and, advised by County Counsel Gregory Priamos, moved to identify the page’s creators.
On Nov. 24, First Amendment Coalition Legal Director David Loy sent the board a letter arguing that the subpoena violated the First Amendment. Loy urged the county to withdraw it, warning that failure to do so would result in “imminent legal action and the risk of substantial payment of attorney fees.”
“The cartoon is self-evidently political satire fully protected by the First Amendment,” Loy said. “It is not remotely close to a true threat to cause harm and cannot form the basis for a subpoena to identify its authors or publishers. Nothing about the cartoon plausibly justifies invading the First Amendment right to anonymous political speech.”
The grousing began on Nov. 3, when Benito Beet Beat posted a cartoon showing a person saying they felt the “need to hurt a supervisor or his kids.” Supervisors Kollin Kosmicki, Ignacio Velazquez and Dom Zanger said they felt threatened by the post and wanted to take action. Although the authors removed the post and issued a public apology, the county issued an administrative subpoena ordering Meta to identify the account’s owners, citing sections of the California Penal Code that criminalize threats against elected officials.
“There is no question that the actions of those responsible for this post are deplorable, disgusting, repulsive, and reflect a severe depravity of character,” the report signed by Priamos stated. “These actions simply have no place in public discourse and are highly irresponsible.”
In its letter to the board, and copied to Meta and County Counsel, Loy said the cartoon was “obviously” satire and therefore protected. He added that “no reasonable person would understand the cartoon at issue to express a true threat to any member of the Board of Supervisors.”
“As has been true of political cartoons for centuries, it expresses a pointed political message through perhaps hyperbolic imagery, but the context and circumstances of the cartoon make it self-evident that it is satire, not a threat,” Loy wrote.
Loy also said the board was “not authorized” to subpoena Meta at all, as it can only issue administrative subpoenas on matters within its jurisdiction and related to county affairs. An alleged threat against a supervisor, he said, is a personal matter—not something that falls within the board’s legal authority or the county’s interests.
To prevent the authors from being identified, the First Amendment Coalition filed a lawsuit on Nov. 26 seeking a temporary restraining order against the subpoena.
The Board of Supervisors had planned for Meta to appear and comply with its subpoena at a special meeting on Dec. 2. Although the meeting is still scheduled, the subpoena is not on the agenda. Instead, the closed-session agenda includes items on “existing litigation,” “initiation of litigation,” and “significant exposure to litigation.”
Related BenitoLink articles
We need your help. Support local, nonprofit news! BenitoLink is a nonprofit news website that reports on San Benito County. Our team is committed to this community and providing essential, accurate information to our fellow residents. It is expensive to produce local news and community support is what keeps the news flowing. Please consider supporting BenitoLink, San Benito County’s public service, nonprofit news.