: 这事儿总算有个结果了:因为家乡开了个臭烘烘的猪肉加工厂,哥们儿做了个网站叫“锡布利镇宜居吗?”,结果现在跟家乡杠上了,估计得闹好几年。
Okay, so this all started because a rendering plant moved into my small town in Iowa and started stinking the place up with the worst smells imaginable – think rotten blood, dead animals, and old beer. It was awful, especially in the summer.
I lived right across the street from the plant, so I decided to put my web developer skills to use. I created a website to criticize the town government for not doing anything about it. At the bottom, I put a little note saying the town was still being polluted.
For a couple of years, nothing happened. Then, suddenly, the site got a ton of traffic, and the city started to pay attention. They held a town hall, asked for complaints, and even printed the city attorney's contact info in the newspaper. They started fining the plant, but the plant didn't care and never paid. Eventually, the city sued the plant, and the plant countersued.
I kept updating the website with the latest news. The last thing that happened was that both sides dropped their lawsuits, but the smell was still an issue. I forgot to update the site to reflect that.
The website's name was something like "Is [Town Name] a Good Place to Live?" and the first thing you saw was a big "NOT YET" sign. It used to say "NO" before the city started fining the plant. Things had been quiet for months, but the smell still popped up once or twice a month.
Then, I got a letter from a law firm representing the city. They had screenshots of my website and proof that I owned it. They said that I was understandably frustrated with the plant, but the issues had been resolved through litigation. They also said that I hadn't updated the website, and it made it seem like the information was current.
The letter claimed that because of my website, a clinic lost a potential doctor, and it was hurting the town's reputation, interfering with attracting businesses and residents, and lowering property values. They said it was probably my intention since I renewed the domain name.
They asked me to take down the site and not replace it with anything similar. If I didn't, they'd sue me.
My gut feeling was that this was a violation of my First Amendment rights, but I knew there was a difference between federal, state, and local governments. I scheduled a consultation with a lawyer.
**Update:**
I saw a lawyer who agreed it seemed like a First Amendment issue and that you can't libel a city. But he couldn't take the case because he was a real estate lawyer. He recommended some lawyers outside of town and I also contacted the ACLU in Iowa.
I felt pretty confident the letter was just a scare tactic, but I was running out of time to respond.
**Update (Months Later):**
So, I did what everyone said and contacted a lawyer. He agreed it was a First Amendment issue but couldn't represent me. He suggested someone outside the city's "sphere of influence."
I met with another lawyer, but couldn't afford representation at the time. I updated my website to be a bit fairer, but still took some shots at the city council.
After the city realized I wasn't going to take the site down, a different attorney from the same law firm contacted me and wanted to chat over coffee. I went, which I probably shouldn't have done. He was very friendly and said the whole thing had been handled badly. But he thought I should take down the website because it was hurting the town. He also told me a reporter was trying to contact me and I shouldn't talk to them because it would damage the town. I declined the interview because I was afraid of being sued if I said something the city didn't like.
Of course, the city talked to the reporter themselves. The story made me out to be the bad guy. City officials denied sending me a letter and said there might be "legal stuff coming down the road."
A few weeks later, I got another letter from the law firm. This one was weird. The attorney from the first letter was writing "on his own time" to explain why he thought he could sue me. He said I was making stupid arguments and attributing legal arguments to him. He ended by saying it wasn't a threat of litigation and wasn't intended to deter me from exercising my legal rights.
Then, out of the blue, I got an email from the legal director at the ACLU of Iowa. I had emailed them and the EFF a while back, but figured they were too busy. The ACLU director thought what the city was doing was a serious violation of my civil rights, and they wanted to represent me in a lawsuit against the city.
We filed suit in federal court, and by March 29th, we settled the case. The city agreed to:
* A permanent injunction where they can't threaten to sue me for any website content I create about the town.
* Pay me legal damages.
* Pay the ACLU's attorney fees.
* Write me an apology letter.
* Have the city's staff and attorneys take First Amendment training.
I'm incredibly grateful to the ACLU. I know it's not typical to file a lawsuit and win a month later. It just shows how blatant their attempts to censor me were. I wouldn't have been able to afford an attorney, and the city would have gotten away with it.
**Update (Years Later):**
I updated my website with my current opinion on the town:
**Should you move to [Town Name], Iowa?**
I think it's a good place to live. But, like any town, it has its problems.
One of those problems was a business that many of us in town had taken to calling the "Blood Plant". It was an agricultural processing plant located smack dab in the heart of downtown. This "Blood Plant" got its name from a particular type of processing they did there; they'd take pig blood, dry it, and turn it into pet food.
Needless to say, the scent from drying tons of pig blood isn't going to smell like roses and sunshine. The "Blood Plant" used to emit downright noxious fumes and odors every day -- odors that you could smell no matter where you live in [Town Name]. It was like walking into a wall of the worst, most pungent and offensive smells you could imagine.
That business, its emissions, and our local government's dealings with them were the reasons I built this website to begin with. I'm happy to report that the Blood Plant has shut down and a new business has moved in. Where before you could walk into a miasma of noxious vapors four to five days every week, it's happily no longer a problem in [Town Name] and the residents can breathe easily.
Yeah, I once had a school administration back off immediately after they got a call from the ACLU--not even a threat to file suit, just some questions. A lot of small towns (and small town lawyers) are so accustomed to getting their way--no local attorney will take the case against them--and so they seriously don't believe they have to follow the law. Then the ACLU calls....