Hartford police officer sues blogger Kevin Brookman seeking to unmask anonymous commenters

Hartford police Lt. Vincent Benvenuto has filed a lawsuit in state court against Kevin Brookman, a Hartford resident who runs the popular We The People Hartford blog, seeking the identities of people who post comments.

The lawsuit does not seek money damages, but does seek to know who is posting anonymously on Brookman’s blog, said Benvenuto’s lawyer, Patrick Tomasiewicz.

“It’s a pre-suit discovery petition to try to determine what the source is or who the sources are of disparaging and defamatory comments made against Lt. Benvenuto,” Tomasiewicz said.

If Benvenuto is successful in obtaining the identities of commenters, lawsuits against some commenters could follow, he said.

“As citizens, we enjoy the right of freedom of speech but not the freedom to defame others. If we are successful in exposing the individuals that crossed the line, then appropriate steps shall be taken,” Tomasiewicz said.

Brookman is represented by Hartford attorney Robert K. Killian Jr., who has filed a reply to the complaint and two special defenses. He declined to comment.

Brookman, who frequently takes aim at local political leaders on his blog, declined to comment.

The blog typically consists of posts by Brookman about city issues, including topics related to the police and fire departments. The posts frequently generates dozens of comments.

Benvenuto contends in his lawsuit that many of those commenting are Hartford police officers and that department rules and regulations prohibit them from doing so.

Police officers “who post defamatory information in violation of the social media policy may be subject to civil litigation,” the suit reads, adding that police officers are at all times subject to department rules that prohibit officers from “posting speech on social media that involves themselves or other department personnel reflecting behavior that would reasonably be considered reckless or irresponsible.”

The police department’s general orders also prohibit posting comments to social media that would “tend to discredit or reflect unfavorably upon the department or any of [its] employees,” the suit reads.

In his response to the lawsuit on behalf of Brookman, Killian wrote that police department rules and regulations do not apply to Brookman and are not enforceable in Superior Court. He also wrote that Brookman does not allow defamatory comments.

“Plaintiff cites … Hartford police regulations governing conduct of officers which do not apply to the defendant and the public at large and would not be the basis for civil action against the officers he alleges to have violated the in-house policies that appear in conflict with their First Amendment rights,” Killian wrote.

Killian also cites the state law that protects the news media from being compelled to disclose information it collects. Brookman’s blog, Killian argues, is entitled to protection by the shield law as he has operated it more than eight years and that it is viewed by thousands of people each day.

The Communications Decency Act of 1996 also protects Brookman, Killian argues, as it offers specific protections to bloggers and those who comment on blogs.

“No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider” and “[n]o cause of action may be brought and no liability may be imposed under any state or local law that is inconsistent with this section,” the law reads.

UConn Law School Professor Leslie Levin, who teaches a media and law course and represented news organizations as a lawyer, said the Communications Decency Act provides a robust protection for Brookman.

“If all the blog did was allow someone to post information on the blog, they’re completely protected by the Communications Decency Act,” she said.

If Benvenuto sought to sue some commenters as “John Does,” then sought to unmask them, he might have a shot, she said. But going after Brookman will not likely succeed, she said.

“Given the posture of this litigation, I don’t think that he will be able to unmask the anonymous posters,” Levin said.

David Owens can be reached at dowens@courant.com.