Terms include, Watchdog explains:
- A $50,000 payment to Rich.
- A meeting with Jacksonville Sheriff John Rutherford to discuss ethics issues to help develop “conflict of interest code for its detectives.”
- Development and implementation of “a training program for JSO detectives specifically on constitutional First Amendment issues and legal ramifications that must be considered when issuing investigative subpoenas.”
Rich’s attorney, Michael Roberts, said the separate defamation suit against the First Baptist Church of Jacksonville will continue.
The suit was filed after FBC Jax Watchdog’s anonymity was silently demolished in 2008 by a still unsatisfactorily explained and, from the point of view of the blogger at the time, secret criminal investigation. The settlement did not involve an admission of fault.
Anonymous blogs permit the relatively powerless to speak what they believe is truth, to power. Power rarely responds graciously. In this case, the unmasking and FBC Jax Watchdog had a serious impact on his life. As his attorney explained:
“Mr. Rich was essentially excommunicated from his church,” his attorney, Michael Roberts, said. “He was a member for 20 years. Sure he was critical of the new leadership at the church, but a lot of members were critical of things they didn’t like.”
The bylaws governing resolution of grievances within that church were and apparently still are heavily loaded against dissent. This case illustrates that an oppressive approach tends to drive debate underground — often into anonymous blogs — and unmasking the blogger does not eliminate that dissent or refute the criticisms. A heavy-handed response in fact underlines the social value of dissent and of the dissenter’s efforts.
There are available if evolving ethical and legal standards to help law enforcement officials decide whether to identify anonymous bloggers. Yet accounts suggest that none were applied when Jacksonville, Fla., Sheriff’s Detective Robert Hinson unmasked FBC Jax Watchdog to First Baptist Church of Jacksonville (FBC Jax) leadership.
Jacksonville Times-Union reporter Jeff Brumley wrote:
It was also proper for [Detective Robert] Hinson to provide First Baptist’s leadership with [Thomas A.] Rich’s identity despite finding no criminal evidence, [Undersheriff Frank] Mackesy said, so it could take whatever internal action it felt necessary for its own safety.
Mackesy’s allusion to “safety” may be read as an attempt to excuse his department for an error, since nothing Detective Hinson reports finding provides reason to believe the safety of either the church or any of its members was at risk from Rich. A close reading of the FBC Jax Watchdog blog reveals no threats of violence. Nor is there anything other than restrained self-expression in the Watchdog’s words we have seen quoted elsewhere.
Hinson could not have escaped knowing, however, that his minister yearned to identify the author of the anonymously penned FBC Jax Watchdog blog which regularly called him to task. Hinson, who is a member of FBC Jax Pastor Mac Brunson’s security detail, surely knew Brunson would be grateful for that information.
The ties between charismatic pastor and protective parishioner, and the attendant natural desire to please the pastor, created an appearance of conflict of interest which overshadows this matter.
Concerns about that apparent conflict should in our view have led Hinson to recuse himself from any investigation involving his church and pastor.
Legal ethics, most evident in judicial standards, generally require such recusal. For even if an officer behaves with unwavering professional objectivity, the appearance of conflict still tends to undermine public confidence in the department and thus in the law.
Even so, had Detective Hinson not given up Thomas A. Rich as the anonymous author of the FBC Jax Watchdog blog, that appearance of an ethical conflict of interest would not have congealed into an argument for its reality. That appearance is unreduced by the sheriff’s failure address his subordinate’s role, even if unintentional, in the pillorying of Rich by FBC Jax which followed Hinson’s disclosure.
In addition, emerging legal standards regarding blogger anonymity suggest that Rich should have been given notice of Hinson’s intended erasure of his anonymity — notice attended by ample time to respond. Rich’s legal counsel could then have argued in court for the protection of his privacy and First Amendment rights.
Recent cases also suggest that those seeking an anonymous blogger’s identity must demonstrate to a court that their claim will withstand both a motion to dismiss and a motion of summary judgment. That is, they must plead facts necessary to succeed in their claim, and show the sufficiency of those facts.
Thus far there appear to have been no facts sufficient to have persuaded a court of competent jurisdiction to strip Rich of his anonymity. Nor to have seriously considered doing so. There are instead contradictory accounts of the causes for the investigation — with the Rev. John Blount, who filed the complaint, differing from Hinson — and an apparent dearth of facts.
We are left with abiding concern about Hinson’s possible conflict of interest, the lack of appropriate legal regard for Rich’s rights and the chilling effect on free expression which can result from such a public trampling of an individual’s rights.
Watch the WCNC investigative video to decide whether you agree with Watchdog that affiliation with this group is lamentable. Chances are good that you will be troubled by at least part of what you learn.
Watchdog notes that FBC pastor Mac Brunson asked for a special offering last Easter to raise $180,000 to purchase Inspiration Network air time.
Then, illustrating why his blog has received such a Byzantine reaction from the leadership of FBC Jax, says:
I, for one, could not donate money to any organization that gives money or is associated with these “Televangelist Gunslingers”, as this report calls them. I can’t believe any bible-believing church would need to affiliate with the likes of these folks to spread the gospel.
Why, indeed? Not the kind of question the powerful always field well.
The blogger seems to have made some people who have more money than brains very nervous, because church leadership has not handled his questioning well at all from what we see in the public responses.
What has the church leadership wrought?
Some of the documents are online now; the church leadership claimed he was involved in criminal activity. Why? The overkill is stunning. Truth, humility, servant-hood took second place to power, as the mega celebrity bubble around the lead pastor tightened its grip on the minds and hearts of leadership. Most of us can’t comprehend the isolation mega-church celebrity ministers live in, nor can we comprehend the need of some to be so protective of perceived power they’ll harm in God’s name.
Avoidable harm. The entire piece is here.
One of these days men and women with power, whether it be ecclesiastical, political or corporate will learn that attempts to stifle dissent and criticism will only ultimately result in the people you lead turning against you.
In the comments, First Baptist Church, Jacksonville, Fla., Watchdog compares the “sedition” part Adams’ Alien and Sedition Acts to a passage from the FBC Jax deacon’s resolution, which was directed at him in a “public flogging of a former member.”
You may recall that Watchdog aggressively blogged FBC Jax’s policies and repressive governance, especially the pastor’s accumulation of power. After a period of self-muzzled silence, Thursday brought new Watchdog coverage of the drive to strip him of his anonymity and silence him.
Thursday brought us Watchdog coverage of the drive to strip him of his anonymity.
You may recall that Watchdog aggressively blogged First Baptist Church of Jacksonville, Fla.’s, policies and repressive governance, especially the pastor’s accumulation of power. The deacons adopted a resolution directed at him and it was approved in a vote by the congregation [video] — after he was no longer a member there. Etc.
BaptistLife.com site administrator William Thornton observed that FBC Jacksonville conducted a “public flogging of a former member” — a process which sounds “less Biblical than it does medieval.” [Amen to that.]
We did not celebrate the earlier caesura in self-expression about matters which at every step have appeared to be legitimate public concerns. It is good to see the hard questions asked now about privacy, conflict of interest and (still) church governance. Such public debate can be redemptive by revealing the truth.
Wade Burleson is asking important, hard questions about the collapse of FBC Jax Watchdog’s anonymity. The legal circumstances do seem disturbing. The questions raised about the potential misapplication of power do require answers.
Church blogging ain’t beanbag there and could easily take similar twists on your computer desktop, in your sanctuary and perhaps in a courthouse nearby.
Anonymous blogs are one answer the relatively powerless have when speaking what they believe is truth, to power.
Power is typically governmental. So it was when the help of the Electronic Frontier Foundation was required to help an anonymous New Jersey blogger, “datruthsquad,” face down the township of Manalapan when it sought to unmask him in 2007.
Sometimes power is corporate. The corporation may be, as we see in the confrontation between First Baptist Church of Jacksonville, Fla. and FBC Jax Watchdog, a church. In every case, some risk attends attempting to say to power things it would prefer not to hear.
As gwfrink3 documents, not all serious, careful bloggers who come under direct fire from the powerful emerge from it in good condition. That’s why it is important for anonymous bloggers to attend to the technical details of their anonymity.
With or without the cloak of anonymity, some fear of retribution, not always legal retribution or even retribution for a real offense, is legitimate. Kathy Sierra and others were simply fallen upon by evil doers [login required].
The Watchdog has not gone public with his name, receiving a great deal of criticism for blogging anonymously, but explained to me he remained anonymous out of fear of retribution from powerful civic leaders who are members of the church and could intentional[ly] seek to ruin his name and business. He told me his compelling story, details of which are startling, because he said he trusted me.
Matters may not go that far, but thinking ahead and guarding against any number of possible unfortunate possibilities is simply due caution.
FBC Jacksonville attracted considerable attention by sponsoring blog posts calling Catholicism a cult [eventually removed from the site]. Although the grievances of Watchdog certainly neither began nor ended there. They blogged, for example, about how the pastor accumulated power through changes in FBC Jacksonville’s bylaws.
The bylaws governing resolution of grievances within that church do appear to be heavily loaded against dissent.
Whatever the merits of any particular issue there, that oppressive approach tends to drive debate underground — often into anonymous blogs — not eliminate it.
William Thornton notes that FBC Jacksonville conducted a “public flogging of a former member” without, of course, “naming names.” He goes on to say the disciplinary process sounds “less Biblical than it does medieval.” [Amen to that.]
Shirley Taylor, a former employee of the Baptist General Convention of Texas, has founded a group called bWe – Baptist Women for Equality, whose goal is to open Southern Baptist leadership roles to women.
Specifically, they “advocate for women deacons and women pastors in Baptist churches.”
Even if you think everything is all right in your church, please consider those other churches where women can be Ministers to Children, Ministers to Youth, Ministers to Women, can be on all committees which make church policy and pertain to theology, and financial matters, but who cannot serve a piece of bread and cup of juice.
Do you know why your church does not have women deacons? It can be found in “the cold heart of the church” which is your church’s By-laws. Church By-laws can be changed. When women decide that enough is enough, the cold heart of the church will be changed to include women as Deacons and accept women as Pastors.
Closing the site home page is:
How often do you tell your daughter that she is scripturally inferior to your son?
You tell her every time you take her to church.
How often do you tell your son that he is scripturally superior to his sister?
You tell them every time you take them to church.
Unless your church recognizes women deacons and women pastors.
The site has been frequently updated with new materials, thus far all in .pdf format.
Southern Baptist policies appear to us to be the focus of the site and its literature, since there are other Baptist organizations whose policies with regard to women are far more inclusive.
We look forward to learning more about the group and following their progress.
Goals, rationale, hope for success [here].