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Warrant for Facebook page is challenged

ACLU says Whatcom sheriff has no right to site for oil pipeline protesters

By Associated Press
Published: March 9, 2017, 8:49pm

BELLINGHAM (AP) — The American Civil Liberties Union filed a challenge Wednesday to a sheriff’s search warrant in northwestern Washington that seeks private Facebook data as part of an investigation into a Dakota Access oil pipeline protest.

The ACLU of Washington filed the motion to quash the Whatcom County Sheriff’s Office warrant for data on the Bellingham #NoDAPL Coalition Facebook page.

The ACLU claims the warrant is overbroad and unconstitutional and seeks not only private online communications and information about the group’s political activity, but also data related to an unknown number of individuals who merely interacted with the group via Facebook at some point during the 12 days both before and after the Feb. 11 protest.

“Political speech and the freedom to engage in political activity without being subjected to undue government scrutiny are at the heart of the First Amendment,” ACLU of Washington staff attorney La Rond Baker said in a statement announcing the filing. “Further, the Fourth Amendment prohibits the government from performing broad fishing expeditions into private affairs. And seizing information from Facebook accounts simply because they are associated with protests of the government violates these core constitutional principles.”

The demonstration led to a freeway backup after protesters stopped traffic on Interstate 5, The Bellingham Herald reported. The Washington State Patrol said the blockade led to a five-car rollover crash that injured one person. No arrests have been made.

Whatcom County Sheriff Bill Elfo said in a statement the purpose of the warrant is to seek electronic data that relates to chaotic, disruptive and criminal behavior.

“The sheriff’s office has no interest in the political views of anyone involved,” Elfo said.

A hearing in the matter has been set for next week.

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