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Published - Sunday, March 16, 2008

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Whitewater police pursue anonymous blogger


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WHITEWATER, Wis. — It's a mystery that has gripped Whitewater city government since July: Who is John Adams, the anonymous blogger at www.freewhitewater.com?

The Web site, Free Whitewater, was launched last spring and takes aim at the "narrow-minded" leaders of the community of 14,000 about 45 miles southeast of Madison.
Its targets range from the aesthetics of Whitewater's main streets to a controversial roundup of suspected illegal immigrants at the Star Packaging plant.

"Adams" charges in his blog that Whitewater is run by "a small, obstinate, and poorly educated local elite" who are hostile toward the 10,000 students at UW-Whitewater and the region's growing Mexican-American population.

He is critical of the School District and other local officials, calling a former municipal judge who was convicted of lewd behavior last year a "vulgar laughingstock."

But much of his criticism is reserved for Whitewater's police chief, James Coan, whom the closeted critic accuses of misusing his position.

Case in point: Coan's use of city employees to try to unmask Adams — exposed in a series of posts on his blog earlier this month — that is part Keystone Cops and part challenge to Adams' constitutional rights.

According to Whitewater Police Department e-mails obtained by Adams under the state's open records law, Coan involved at least two detectives, the city's director of public works, its information technology officer and the city clerk — all working on city time and using taxpayer-funded resources — to find the identity of a man described as a "suspect" but who had not committed a crime.

Coan defended the "minimal" use of city resources, which he said was aimed at gauging "potential threats" from "someone who seems so extremely angry at me and with our department."

However, one man whom the chief erroneously accused of being the blogger said Coan never mentioned anything about a threat. Laird Scott and his wife, Mariann, a former Whitewater City Council member, said that during a Jan. 4 interview at their house, the chief repeatedly asked Scott to stop publishing the blog.

Coan denies he asked Scott to stop publishing and said the meeting was designed to "provide him with answers to his questions and concerns."

The push by the police to out the pseudonymous blogger is part of a trend of government and law enforcement "overreaching" their authority in response to legally protected criticism on the Internet, said Matt Zimmerman, an attorney at Electronic Frontier Foundation in San Francisco.

In December, his group successfully shielded an anonymous blogger in New Jersey from a subpoena seeking to uncover his identity. A judge quashed the subpoena, ruling the effort to unmask the blogger, who had criticized officials in the township of Manalapan, was "an unjust infringement on the blogger's First Amendment rights."

A 'radical'

In Whitewater, the effort to discover Adams' identity included examining his e-mails and Web site registration, running a license plate check on a man suspected of being Adams (he wasn't), and suggesting city officials conduct surveillance at the dedication of a restored historic landmark on the chance he might be there.

"I think it is someone we want to keep an eye on ...," Whitewater Police Detective Tina Winger wrote in an e-mail to Coan. "Seems like an anti-government radical to me."

The investigation culminated in a Jan. 4 visit from Coan and Whitewater Police Lt. Tim Gray to the home of Scott, whom Coan said afterward he was "99.9 percent convinced" was the blogger.

In fact, said Adams, who revealed his identity to the Wisconsin State Journal on condition of anonymity, the chief was "100 percent wrong."

Whitewater City Manager Kevin Brunner said he sees nothing wrong with city employees' attempts to expose Adams. He said the efforts took very little time and were aimed at seeking a dialogue with the blogger to address his complaints about the city.

"I think it was a very legitimate use of their time," Brunner said. "I think the impetus was to try to engage in some civil discourse with that person."

But Brunner, who is Whitewater's highest-ranking official, said he couldn't explain why the officials referred to the blogger in e-mails variously as a "suspect," "No. 1 suspect" or "person of interest."

He said he has instructed municipal employees to stop discussing and reading Free Whitewater while at work because the employees' actions have become "a source of contention for people."

Civil rights question

It could be more serious than that, civil rights experts say. The campaign by Whitewater officials to find and confront the blogger could have legal implications.

"It sounds like this individual may have a claim against the (police) department for a violation of his or her civil rights," said Christopher Ahmuty, executive director of the American Civil Liberties Union of Wisconsin in Milwaukee.

The right to criticize government officials anonymously has long been protected in the United States, Ahmuty said. Launching a police investigation into an anonymous speaker's identity, he said, could be construed as an unconstitutional government effort to chill that speech.

"The case law is certainly strongly supportive of anonymous speech, so long as it isn't libelous ... or part of a criminal conspiracy," Ahmuty said.

Federal law also prohibits law enforcement from obtaining license plate registration information for non-law enforcement purposes. Coan said the license-plate search was legal since it involved an effort to assess the "threat" that the blogger posed and "other police-related reasons ... (that) I am not at liberty to discuss ... at this time."

Brunner defended the officials involved, saying: "They're good people. I think they just wanted to talk to this person. I don't think he (Coan) was trying to stifle anyone's freedom of speech."

But Scott said about three weeks after the police visit, he got an anonymous card addressed to "Mr. John Adams c/o Laird Scott" in the mail, wishing him a happy belated birthday. Scott said the card was unsettling because it accurately stated his birthday was a month earlier. He added that he believes the card was an attempt to intimidate him into silence, and he wondered how the card's author knew police suspected he was the blogger, John Adams.

Regarding the greeting card, Coan said he doesn't know "who would do such a thing," nor how many people believe Scott is the blogger.

He owns a pet

The real John Adams is a middle-age college-educated professional who likes to describe himself as a "citizen, resident, property owner, husband and parent." He does charitable and religious work in Whitewater, considers himself a Libertarian and owns at least one pet.

He asked not to be named because he wants to continue asserting his right to anonymous speech.

Adams said he chose his alias to honor the country's second president, whose anonymous newspaper columns helped galvanize public support for independence leading up to the Revolutionary War.

"I'm a common man following the example of uncommon men," said Adams, naming Thomas Paine, James Madison, Alexander Hamilton and John Jay as leaders who criticized government under pen names.

"I believe it's fundamentally American. That's the very stuff of which we're made and from which we've sprung."

Adams said his goal is not to tear down his Walworth County community but to improve it. He continues to criticize Coan, whom he charges with failing to address serious problems within the police department.

That includes the actions of a now-retired police investigator whom a prosecutor said destroyed evidence and falsified the results of a search warrant while investigating a local businessman. Coan declined to say whether Larry Meyer was disciplined.

'It's broken'

Adams said he was chagrined to learn other Whitewater residents have gotten swept up in the probe, including Scott, a 68-year-old retired quality control manager who said he's had sleepless nights since Coan and Gray showed up at his house in January.

"I didn't even know that blog existed until the chief of police came to my house and accused me of operating it," said Scott, whose wife and son previously served on the Whitewater City Council. "He told me he knew I was John Adams. ... Their informers had told them I was a likely suspect."

Although Scott denied being the blogger, he said Coan didn't believe him and repeatedly asked the pony-tailed former Peace Corps volunteer to stop publishing the Web site, saying it was "torturing" him and his family.

Scott said he doesn't know who the blogger is, but he thinks he's wrong about one thing.

"John Adams wants to repair the city government," Scott said. "I think it's broken and can't be fixed."

Dee J. Hall is a reporter at the Wisconsin State Journal in Madison.
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 Comments »

HonestAbe wrote on Mar 17, 2008 4:19 PM:

" mk, BS, their only motive is that he's calling them out no thier shortcommings ... otherwise the story would have been different.



shesh "

mk wrote on Mar 17, 2008 2:53 PM:

" Before we tear down the Whitewater Police department I think its important for all of us to remember that we do not know what exactly was written in the e-mails to that community's Police Chief. I value the freedom of being anonymous when writing subject material that may be contraversial and may not sit well with other people, but if the writing is threatening or full of slander then it constitutionality can be questioned. If that fine line is crossed then the police have every right to seek out the identity of John Adams. "

HonestAbe wrote on Mar 17, 2008 3:10 AM:

" Glad to see your post MrAdams!

I'm sure you've got more support than enemies.

;) "

mindless nomind wrote on Mar 16, 2008 9:10 PM:

" Jerkshir, your boring lame cop bashing is old. This happened in little town whitewater on other side of state, who cares? The 'idiot' would be someone that changes his blog name constantly, using the same ip address and risking potential lawsuit. Read up on google, aclu "so long as it's not libelous or criminal activity", you will lose in the end. Learn from Adams who wants to repair or improve the city government, not be constant whiner. "

berkshirebull wrote on Mar 16, 2008 7:41 PM:

" Sounds like something the idiots in the La Crosse Police Department would investigate. No real crime to speak of so drum something up so everyone can stay on the city dole. "

MrJohnAdams wrote on Mar 16, 2008 6:34 PM:

" Good evening, LaCrosse

Thanks very much to HonestAbe and so many other supportive readers from the LaCrosse area. It's my pleasure to visit these forums, and watch free expression in action.

Best regards to all, and keep posting, debating, and sharing your ideas!

Adams "

Anna Banana wrote on Mar 16, 2008 5:50 PM:

" I miss Northsider too - even though I didn't much agree with him and was irritated at his constant bashing of schools, I always learned something from him and appreciated his take on things. "

antieverything wrote on Mar 16, 2008 5:17 PM:

" its dean! "

Im Jackson wrote on Mar 16, 2008 4:58 PM:

" Hey Concern: he changed his name but is still quite noticeable in his retoric. ;-) I suspect they cancelled his registaration in an attempt to silence him like they did me.
Must have hit a nerve and be on to something down at crooked hall. "

HonestAbe wrote on Mar 16, 2008 4:22 PM:

" The officials must be Bush supporters and fans of the patriot act, and are now so ego inflated they think its cart blanc to do what they want, like our president.

Kudos to Adams! We need a website in LaCrosse like this, something the trib can't delete.

If the chief of police had nothing to hide, nothing he was ashamed of, he would brush it off.
This Adams should come out of the shadows and sue them for infringement of his ability to remain anonymous. Set a precident. This is insane, and borders on a police state. "

The Real Paladin wrote on Mar 16, 2008 4:21 PM:

" Quis custodiet ipsos custodes? "

The Real World wrote on Mar 16, 2008 3:48 PM:

" My assessment is we are in trouble, I can't see a thing wrong with John Adams, can anyone tell me what I am missing? "

acj wrote on Mar 16, 2008 3:42 PM:

" seems the officials in that little community have something to hide, they are shaking in thier boots and using communistic tactics to protect themselves.....
bravo!!!! to john adams. "

Mack wrote on Mar 16, 2008 3:13 PM:

" Sounds like a police state without freedoms of speech, etc... Isn't that one of the 'more recent' reasons we invaded Iraq? "

slider wrote on Mar 16, 2008 2:11 PM:

" If the community is growing great, but if it is because of illeagals then they need to be loaded in cattle cars and shipped out of the country. "

concern wrote on Mar 16, 2008 12:42 PM:

" Say, What happened to the 'Northsider'? "

Mac wrote on Mar 16, 2008 11:31 AM:

" I've been looking at the website. The writer seems to be a well educated person who cares about his community. It's not all about bashing city leaders. He has well written articles on a number of topics. He's a credit to his community. "

the other guy wrote on Mar 16, 2008 11:08 AM:

" nice... fight the power john adams! "

Eddie wrote on Mar 16, 2008 11:06 AM:

" If everyone were to ignore Mr. Adams, he would probably go away. Simple solution. "

irish_frog wrote on Mar 16, 2008 10:24 AM:

" Excellent choice of a pen name. While I knew that the Founding Fathers were fond of cloaking their political commentary with pseudonyms, “Infamous Scribblers” filled in the detail by providing their bewildering variety. Hamilton like to employ a nom de plume that revealed what he regarded as his philosophical roots in classical Rome: Publius, Pacificus, Cattalus, Horatius and Philo Camillus, for example. Newspaper publisher Benjamin Franklin displayed a mastery of evocative names such as Silence Dogood, Alice Addertongue, Fanny Mournful, Obadiah Plainman and the delightful Busy Body. The champion in terms of sheer numbers appears to be John Adams, whose 25 or so pen names included Populus, An American, A Son of Liberty and the vaguely Wrestlemaniacal “Vindex the Avenger”. "


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