On May 25, AAN's Board of Directors unanimously approved the following resolution:

A RESOLUTION SUPPORTING THE EFFORTS OF MAUI TIME TO RESIST A SUBPOENA THAT VIOLATES THE FIRST AMENDMENT AND THE RIGHTS OF THE FREE PRESS

WHEREAS, Tommy Russo, the editor of Maui Time, a member in good standing of the Association of Alternative Newsweeklies, was involved in an altercation with the Maui police while he was going about the normal business of reporting a news story, and

WHEREAS, Tommy Russo recorded the incident on video and posted the video and a news story on the Maui Time website, and

WHEREAS, A number of Maui Time readers posted comments on the story, some of them highly critical of the Maui police, and

WHEREAS, The Maui police and district attorney have issued a subpoena demanding that Maui Time turn over identifying information about all commenters on the story over a 24-hour period, and

WHEREAS, the ability to report on incidents of police abuse is a basic function of a free press, and

WHEREAS, the right of the people to comment on matters of public concern is a fundamental principle of the First Amendment, and

WHEREAS, a court order mandating the release to the police of identifying information about anonymous commenters would have a terrible chilling effect on free speech and undermine the rights of a newspaper to protect anonymous comments and sources,

THEREFORE BE IT RESOLVED

That the Board of Directors of the Association of Alternative Newsweeklies CONDEMNS the attempt by Maui authorities to force this disclosure, and SUPPORTS the right of Maui Time and Tommy Russo to oppose this subpoena and CALLS ON the district attorney of Maui to immediately withdraw this subpoena and cease all efforts to chill the free speech rights of Maui Time readers.

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