A federal court in Alabama has rejected a government effort to obtain a protective order, under 18 U.S.C. § 1514(b)(1), to prohibit a defendant from maintaining a web site that will provide news about his case and ask witnesses to come forward if they can assist his defense.

The defendant plans to feature information that has been made public, including identities of the lawyers, witnesses (snitches), agents, etc. The government claimed that it could possibly result in retaliation against witnesses and/or law enforcement and wanted the court to order it shut down,or severely restrict what could be posted. After an evidentiary hearing, the Magistrate Judge issued an eleven page opinion denying relief.

Magistrate Judge Delores R. Boyd, in an opinion made public Wednesday, said Carmichael has constitutional rights to freedom of speech and a speedy trial. The judge also said the court is not free to simply embrace a governmental belief that an intent to post identities and photographs is an obvious attempt to intimidate or harass informants. [Defense Attorney Stephen] Glassroth also said his client wants residents to be able to read documents and transcripts at their convenience because deadlines limit newspapers and radio and television stations in their reporting. The defense also said it wants to receive information via the Internet about people Carmichael believes are lying about him and are not trustworthy.