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From the Open-Publishing Newswire
Indybay Feature
Wed Mar 20 2024 (Updated 03/25/24)
Indybay Beats Back Illegal Search Warrant and Gag Order
Victory! EFF Helps Indybay Resist San Francisco Police Warrant and Gag Order
On January 24, San Francisco police served a search warrant on Indybay, seeking the internet IP address and other identifying information about the author of a communiqué published on Indybay claiming credit for smashing 18 windows at the San Francisco Police Credit Union on the one-year anniversary of the police murder of Tortuguita in Georgia in 2023. The warrant additionally included a 90-day non-disclosure order preventing the Indybay collective from revealing that we had received the warrant.
After pushback from Electronic Frontier Foundation (EFF) attorneys citing California and federal shield laws, SFPD agreed on January 31 to take no further action on the warrant. With the gag order remaining in place, and wary that SFPD might make another attempt at a search, Indybay and EFF proceeded with preparing a formal motion to quash the warrant and vacate the gag order. On March 7, San Francisco Magistrate Judge Linda Colfax reversed herself and vacated the 90-day gag order, confirming that the warrant became void on February 3.
In its nearly 24-year history, Indybay has resisted numerous warrants and other police inquiries seeking identifying information of contributors. Not once has Indybay revealed such information when requested.
Indybay Beats Back Illegal SFPD Search Warrant and Gag Order Over Police Credit Union Vandalism Post |
Victory! EFF Helps Resist Unlawful Warrant and Gag Order Issued to Independent News Outlet |
SF Police Credit Union Attacked for Tortuguita
After pushback from Electronic Frontier Foundation (EFF) attorneys citing California and federal shield laws, SFPD agreed on January 31 to take no further action on the warrant. With the gag order remaining in place, and wary that SFPD might make another attempt at a search, Indybay and EFF proceeded with preparing a formal motion to quash the warrant and vacate the gag order. On March 7, San Francisco Magistrate Judge Linda Colfax reversed herself and vacated the 90-day gag order, confirming that the warrant became void on February 3.
In its nearly 24-year history, Indybay has resisted numerous warrants and other police inquiries seeking identifying information of contributors. Not once has Indybay revealed such information when requested.
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