I find the use of a _subpoena_ for private writings rather disturbing.
Given that attitude, can any criminal defendant subpoena a cop's personal diary? Family and friends to see if he discussed the case with any of them? Details about his private life? Indeed, a defendant should be able to subpoena all sorts of things about anyone connected to his case in any way.
This reminds me of schools going after kids who write stuff on their own computers that are not connected in any way with the school. IMHO they have no right to do that.
***** Moderator's Note *****The writings weren't private. YouTube, Facebook, and other such sites are, by design, public and available to all.
That said, the question becomes "Whose business is it"? The issue is not what he said or wrote, but rather whether he is entitled to a private life when not at work: in other words, if a police officer (or other civil servant) is ever "off duty".
This isn't about computers or social networking sites: the medium is being confused with the message. Had the officer said these things in a "cop's bar", he would have been immune from subpoenas because cops regard such places as safe havens where they may vent their frustrations with fear of being called to account.
Sooner or later, our society will have to decide that we are not entitled to demand that policemen be superhuman. So long as we expect them to behave like cardboard-cutouts of Hollywood steriotypes, we will continue to see periodic outbursts of repressed anger - remember Rodney King? - as the all-too-human men who keep a lid on the American melting pot act out their resentment at the simplistic and hypocritical way they are judged.
Full Disclosure: I was a Military Policeman in Danang and Saigon.
Bill Horne Temporary Moderator
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