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![]() March 2008
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Remember when the Fletcher administration instituted a new policy to block state employees from looking at political sites on state computers? Well, according to the former head of the Commonwealth Office of Technology, it was all Robbie Rudolph's idea, as a way to shut off access to BluegrassReport.org, a democratic web site that frequently criticized the Fletcher administration. Rudolph allegedly had blog blocked By Joseph Gerth A former Fletcher administration official said yesterday in a sworn statement that he believes Gov. Ernie Fletcher's running mate, Robbie Rudolph, ordered a state crackdown on access to Internet blogs in an effort to silence a Democratic site critical of the governor. "It was apparent that the state had intentionally targeted BluegrassReport.org and had blocked the category of blogs and other categories of Web sites in an attempt to disguise that fact," said Michael Inman, the state's former commissioner of technology.
The affidavit was filed in U.S. District Court in Frankfort as part of a lawsuit by Mark Nickolas, the operator of the now defunct BluegrassReport.org, charging that the state's Commonwealth Office of Technology violated his First Amendment rights. In the suit, filed last year, Nickolas claimed the administration blocked access on state computers to his Web sites and others like it in an effort to keep state employees from reading what he wrote. The Fletcher administration said at the time that it was merely trying to block a wide range of Web sites in an effort to keep state workers on task and from surfing the Internet during work hours. Inman's affidavit was filed along with a motion aimed at moving the stalled lawsuit forward. In the affidavit, Inman said Rudolph, Fletcher's cabinet secretary, sometimes complained during staff meetings about the Web site "and would express frustration when talking about the site." Deputy Technology Commissioner Mark Rutledge, who Inman identified as a "close political" ally of Rudolph, informed Inman that access to Nickolas' Web site had been cut off in June 2006, about the time the New York Times mentioned the Web site in a story. "Well, we finally blocked BluegrassReport.org," Inman recalled Rutledge saying. According to Inman, when he asked Rutledge if that was legal, Rutledge replied, "They wouldn't ever know we did it. We hid it in a bunch of other stuff." Although Inman was Rutledge's boss, he said he was never informed a new Internet usage policy was being considered, and he doesn't understand why political blogs were blocked when the state continued to allow employees to access some sports and shopping Web sites. In the affidavit, Inman said that when he objected to the blocking of political blogs to John Farris, then secretary of the Finance and Administration cabinet, Farris told him "not to get involved because it came from 'high up.' " Farris couldn't be reached to comment. Inman said he believed it was Rudolph's decision to block such sites. "Based on Rutledge's close alliance with Rudolph, I believe that the decision to block the Web site came directly from Rudolph in the governor's office as a result of Mark Nickolas' criticism of the administration." Inman, a Republican, was fired Aug. 24, 2006, and replaced with Rutledge. In the affidavit, Inman said the only reason given for his dismissal "was that my 'services were no longer needed.' " Nickolas, in an interview, called the affidavit "a devastating document. It shows beyond a doubt the governor's office targeted me." Reporter Joseph Gerth can be reached at (502) 582-4702. 2 CommentsLeave a comment |
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Another interesting note on what state government employees can view or not. We can not go to the ACLU website, but we can go to the Heritage Foundation and the Focus on the Family Foundation. Hhhmmm.
Who's protecting whom?
Before BluegrassReport.org was blocked, the web site of the Concerned Members of the Kentucky Historical Society was blocked from access by state computers. www.kentuckyhistoricalsociety.org
The Concerned Members had filed an Open Records Act request of the Kentucky Historical Society. The members had requested the names and contact information for the officers and members of the KHS for the purposes of electing the Society's officers. When the KHS denied the information to its members, the Concerned Members obtained a favorable legal opinion from the Attorney General supporting their demand. When the demand was denied secondly, access to the web site of the Concerned Members of the Kentucky Historical Society was blocked from state computers.
Following the web site blockade by the state, a further attempt was made to block access to state records by the Kentucky Historical Society, the Commerce Cabinet under which it resides, and the Commonwealth itself. Suit was brought by the Kentucky Historical Society against its own members. The case was filed in Franklin County Court. Judge Roger Crittenden opined the claim of the members was valid, but denied the members access to the membership and board of director roles on the technical basis that the Concerned Members had been two days late in filing their response. Crittenden concluded his opinion, stating the matter was entirely appealable. He then retired from the bench. The web site remains blocked from access by state computers.