Peoria Mayor Continues To Defend Police Raid Of Twitter User's Home, Threatens To Sue For Defamation
from the at-rock-bottom-but-still-working-that-shovel dept
Peoria mayor Jim Ardis has responded to the ACLU's announcement of its lawsuit against him (and several others) over the actions taken to shut down a parodic Twitter account. Ardis' "press conference" was really nothing more than him reading a prepared statement and refusing to answer any questions.His statement shovels blame on the media, complains about having his "identity stolen" and goes long on pointing out that the Twitter account (or "site," as he prefers to call it) was not clearly marked as a parody at its inception. But the highlight by far is Mayor Ardis reading some of the tweets delivered by the account.
Ardis still seems to think he's completely right, but nearly everything he states is wrong.
First off, while the account wasn't marked as a parody when it first went live (March 9th), it had been by three days later (March 12th). Despite this, the mayor and the police continued their hunt of the account's owner. This hunt continued even after they managed to convince Twitter to suspend the account (March 20th).
Ardis repeats the claim that the account wasn't marked as a parody, as though that makes the entire month of police activity past the point of the account's shutdown (and six weeks past the point the account was marked as a parody by Jon Daniel, the account's owner) completely appropriate. Separately, while the lack of being marked as parody for three days may have violated Twitter's terms of service, it has no real bearing on the fact that it's protected speech. Mayor Ardis seems to think that unless something is marked as parody, it's not parody. But the point that many people were making, was that anyone reading the crazy statements on the Twitter feed would recognize it as obvious parody for being so extreme. In fact, having Mayor Ardis read out some of the tweets only seems to confirm the point. What he thinks is so conclusive as evidence that he's right, really only seems to prove the opposite: that the account was making statements so extreme and ridiculous that they were clearly parody, and not real.
Ardis also attacks the media for misrepresenting the facts. That's very hard to do when you're quoting police reports and police department/mayor's office emails directly. Since day one, the media has portrayed this event as Mayor Jim Ardis abusing his power to shut down a Twitter account he didn't like -- a portrayal that is borne out by the documents obtained from public records requests.
He also claims the media is being hypocritical by claiming the account was harmless while simultaneously refusing to print the "offensive" content of the tweets. This is his stupidest assertion. A Twitter account that did nothing but tweet out repeated profanities would be harmless while still being something most journalistic entities wouldn't print verbatim. Arbitrary standards for print are not legal standards for obscenity.
Either way, just because many people may find the account's tweets highly distasteful (and probably wouldn't retweet @grandma, etc.), it still doesn't make the speech less protected or Mayor Jim Ardis any more "right" about pursuing the person behind the account. Once the account was marked as parody, such that it complied with Twitter's terms of service, that should have been the end of it.
Justin Glawe, a Peoria native and friend of Jon Daniel who's been covering this case for Vice since the beginning, says that emails and comments made by an unnamed city official hint that Mayor Ardis may have believed the supposedly obscene account might be linked with the Peoria Journal Star.
[A]ccording to a source inside City Hall, the officials who aggressively pursued Daniel, the creator of the account, were also wrong in a much more mundane way: They thought I was behind @peoriamayor and assumed I worked for the local paper, the Journal Star...This adds a bit more background to the mayor's apparent disdain for the media. Glawe also points out that the braintrust behind the account shutdown not only seemed to have a poor grasp of the law (perhaps intentionally), but was also mystified by the technical aspects of dealing with an online social media platform.
In an email that was released because of a Freedom of Information Act request, Ardis asked his subordinates what “JS reporter” lived with Daniel, and a police official said he didn’t know. If the source in City Hall is correct, Ardis was convinced that reporter was me, and likely thought that by exposing me as the foul-mouthed fiend behind @peoriamayor he’d ruin my reputation as a journalist and that of the Journal Star in the process.
At one point, some city officials and cops thought they could call Twitter to have @peoriamayor shut down, so it’s no surprise that they apparently couldn’t be bothered to google my name and find out who I was and whom I work for.In related news, Peoria Police Chief Steve Stettingsgaard has stepped down to take a job with Caterpillar, Inc. While his entire tenure at the head of the PPD has been marked with controversy, there's no doubt this latest incident played a part in convincing him to exit the law enforcement business.
Bizarrely, Mayor Ardis hints he's looking at pursuing someone (Jon Daniel or possibly even Twitter itself) for "defamation," apparently forgetting the email conversation he had with Chief Stettingsgaard back on March 11th.
Mayor/Manager, I reviewed this matter with Detective Feehan. He is in the process of shutting down the account as you saw from my last email. This phony Twitter account does not constitute a criminal violation in that no threats are made. I'm not sure if it would support a civil suit for defamation of character. I'm not an expert in the civil arena but my recollection is that public officials have very limited protection from defamation.If Ardis decides to pursue this, he'll just be adding to his list of highly-public debacles. His defensive press conference indicates he's unable and unwilling to learn from his mistakes. There's no case to be made here, especially if Ardis decides to go after Twitter itself for the actions of one of its users. But it appears Ardis has dignity to burn, even if most of it is riddled with self-inflicted wounds.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: defamation, free speech, illinois, jim ardis, parody, peoria
Companies: twitter
Reader Comments
Subscribe: RSS
View by: Time | Thread
[ link to this | view in thread ]
[ link to this | view in thread ]
Need More Popcorn
[ link to this | view in thread ]
So what we have here is someone who is sure they know who the 'bad actor' is out to get them.
Even when the evidence doesn't hold that up, they double down and keep going forward full steam.
Now move onto threatening a defamation suit to crush them for daring to oppose him.
(something something they kept claiming I had to be a lawyer)
The citizens of this town really need to look into a recall or removing his powers until he can be replaced by someone without thin skin and a god complex.
He is going to cost them even more money in his dogged pursuit of what he wants vs what reality allows.
He is so far removed from reality, can he actually manage the business of the city?
[ link to this | view in thread ]
Re:
Jim Ardis' problem is that he, like many criminals, is simply unable to follow the advice of his lawyers.
[ link to this | view in thread ]
[ link to this | view in thread ]
Have they issued FOIA requests for more stuff?
For asshattery at this level, this isn't the first time hes done something like this.
[ link to this | view in thread ]
Re: Need More Popcorn
[ link to this | view in thread ]
what does this say about the people in Peoria?
What kind of people live in Peoria for there to be no concerted push to have this jerk thrown out? If you live in Peoria, please, speak up! My home city is characterized by clownish, jerkish councilmembers, and we've had a mayor or two to laugh at... but no-one has persecuted both the legal process and a citizen anything like Ardis.
[ link to this | view in thread ]
Wrong target...
[ link to this | view in thread ]
Carry on or...
[ link to this | view in thread ]
Its too LATE!!!
Mayor Jim "Trill as Fuck" Ardis
His infamy has been sealed for me. If I ever met him I would ask...
Are you THE Mayor Jim "Trill as Fuck" Ardis? fo realzies?
He is now in the anals of history.... (nope I did not misspell that!) someone please flush this sukka!
[ link to this | view in thread ]
Parody...?
[ link to this | view in thread ]
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
[ link to this | view in thread ]
Re: what does this say about the people in Peoria?
[ link to this | view in thread ]
If they don't recall him, then they deserve what they get.....er, lose.
[ link to this | view in thread ]
Re: Re: what does this say about the people in Peoria?
[ link to this | view in thread ]
[ link to this | view in thread ]
Train
[ link to this | view in thread ]
[ link to this | view in thread ]
[ link to this | view in thread ]
He's basically in charge of making sure the fire extinguishers get checked every month.
[ link to this | view in thread ]
Re: Train
[ link to this | view in thread ]
Re:
Sounds like a job that is going to require an MRAP.
[ link to this | view in thread ]
More-On!
[ link to this | view in thread ]
[ link to this | view in thread ]
Who could possibly top this?
Please, god...let it be clinched!
[ link to this | view in thread ]
Jim Ardis...a shoe-in for president.
[ link to this | view in thread ]
Re: Re:
Since he accomplished his misdeeds using his authority as a public official acting under color of law, he has violated federal law as well.
While the feds are notoriously bad about prosecuting color of law violations of most rights, they have a somewhat better record of prosecuting violations of the first amendment.
Title 18, Chapter 13, Section 241 of the US Code makes it a crime punishable by ten years in prison for any two or more people, acting under color of law, to violate the constitutional, statutory or civil rights of any person within the national or territorial borders of the United States. It's not just the mayor who could go to prison over this, it's anyone who passed along or carried out his illegal orders.
[ link to this | view in thread ]
[ link to this | view in thread ]
Re: what does this say about the people in Peoria?
[ link to this | view in thread ]
[ link to this | view in thread ]