Cases

Doe v. County of San Benito

Benito Beet Beat responded to the subpoena to Meta for a previously published cartoon with this follow-up cartoon.

FAC filed a lawsuit seeking to prevent San Benito County from violating the First Amendment rights of two anonymous journalists who run a satirical news outlet on Facebook.

On November 18, the San Benito County Board of Supervisors unanimously approved the issuance of a subpoena to Meta seeking to uncover the identities of the creators of a satirical political cartoon published on Benito Beet Beat, which in its own words “serv[es] up a fresh, satirical slice of local politics and news—directly from the root of San Benito County.”

The cartoon satirizes risks to the County’s behavioral health clinic staff due to potential cuts to security. It depicts an imaginary situation in which a staff member said “We’re in danger! Call security now!” because a person in mental distress seeking help said, “Voices are telling me I need to hurt a supervisor or his kids!” while another staff member thought, “We cut security because Velazquez told us to do it,” referring to county supervisor Ignacio Velazquez.

The Board approved the subpoena on the purported basis that the cartoon “is clearly a threat and appears to call upon others to inflict physical harm.” However, the cartoon is self-evidently satire that is fully protected by the First Amendment and cannot amount to a true threat or incitement to cause harm.

The lawsuit seeks to protect the plaintiffs’ First Amendment rights by quashing the subpoena and preventing the County from seeking to identify the plaintiffs.

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