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Welcome to the cutting edge
Daily Gotham as well has run into issues where the legal issues around blogging have yet to be defined. Truth is we are in new territory and we are the ones who are defining this new territory.
Oddly my first reaction was to figure the subpoena had merit. I believe I was thinking of a certain instance I have been hearing about but have no evidence of where a staff member for a certain City Councilman running for a higher office was caught on a blog campaigning for that City Councilman on taxpayer funded time. I was not party to the exchanges in question, but would certainly publicize THAT little scandal if proof came my way. That is a situation where I can envision a blog being caught between the anonymity it offers its participants and a very real legal violation.
As I read further, the chilling aspecpts of Ben Smith's case became clearer. And good for him (I am not fan of his, mind you) for standing up for all of our rights.