Assessmentgate v. Montlcair Board of Education

In December 2013, the American Civil Liberties Union of New Jersey filed a complaint on behalf of an anonymous blogger known as Assessmentgate, who created and maintained a blog and social media accounts to critique the school’s district’s decision to implement quarterly standardized test for every grade. The same weekend that the blogger began posting, the school district learned that many of the tests had been posted on a public website. As part of its investigation, the Montclair Board of Education issued a subpoena to Google requesting personally identifying information for Assessmentgate even though it had no evidence linking the blogger to the release of the tests. Because there is a well-established right to anonymous online speech, he ACLU-NJ requested that the Montclair Board of Education withdraw their subpoena. When the subpoena was not withdrawn, the ACLU-NJ filed an action to prevent the Board from obtaining the identity of Assessmentgate. The parties reached an agreement with the Board agreeing to withdraw all pending subpoenas regarding Assessmentgate.

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