- guardian.co.uk, Friday 21 June 2002 16.47 BST
A bizarre American court case, which could have wide ranging international implications for the regulation of internet, has opened up a nationwide debate on freedom of speech in the US.
Paul Trummel, a 68-year-old resident of a retirement home in Seattle, who also claims to be a freelance journalist, started a website to complain at the behaviour of the governing board of the home and ended up being jailed for three months by a judge.
After refusing to take down the addresses and phone numbers of council officials, which the judge said constituted harassment, he was handed a three-month sentence.
He also published allegations of racism and terrorist sympathies. The claims were supported by undisclosed sources and Mr Trummel claims to be a legitimate investigative reporter.
Mr Trummel was imprisoned in February and released last Monday, after being given a deadline of today to take down the offending phone numbers. Mr Trummel, who was born in England, has now taken down the offending phone numbers.
However, he plans to post further allegations on a website with a slightly different domain name to the one he was ordered to take down.
"Due to like-minded journalists, and individuals who also value their freedom of speech, my actions have resulted in a higher international profile and unprecedented personal support," he said on his website.
"I have made an ethical stance by defying the court order. Now the lawyers must take over while I return to publishing the remainder of the essays that I have put on hold for more than four months."
His case is being supported by the National Writers Union, which argued that no matter what Mr Trummel's prejudices or views, he should be protected under the rights of the First Amendment.
The case reopens the long running legal argument over whether a judge in one country can hold jurisdiction over internet material hosted in another. Despite several test cases, legal experts do not yet believe a satisfactory precedent has been set.
"In a further absurdity, the judge has ruled that Paul Trummel will stay in jail indefinitely until a website hosted in Holland, containing materials that the judge does not like, are taken down," said the NWU on its website.
"So the judge is not only locking up Paul because he doesn't understand who enjoys the protection of the First Amendment within the USA, he also claims jurisdiction on what may be published half way around the world."


