A Tarrant County, Texas, computer technician who was locked up for criticizing the FBI after his arrest was ordered released by a federal judge after appealing a lower court ruling on the grounds that his free speech rights were violated.
Justin Shafer had been free after being arrested in March on a charge of online stalking and harassment of an FBI agent who was investigating whether he is associated with a notorious computer hacker or hacking group called TheDarkOverlord.
A magistrate judge ordered him to avoid posting on social media, such as Facebook and Twitter, as a condition of his release. Shafer posted on his blog days later and was jailed.
Shafer thought he was not violating U.S. Magistrate Judge Renee Toliver's release order because he posted on his personal blog. He wrote the post because he said he was angry that his home had been raided three times by federal agents. In the blog post he criticized the agent he's been accused of harassing.
"FBI is shady. Make NO mistake about it," he wrote on his blog. He also said the agent who investigated him "does nothing but threaten people."
U.S. District Judge David C. Godbey released Shafer, placed him on home detention and added new conditions. He can access only an authorized computer and must participate in a computer and internet monitoring program. He is allowed to blog. But he cannot contact _ directly or indirectly_his alleged victims nor any FBI agent investigating the case, according to court records.
And Shafer cannot post any personal identifiable information on his alleged victims. His lawyer, Tor Ekeland, said Shafer walked out of detention on Saturday and is wearing an ankle monitor.
Ekeland said Godbey told Shafer he can criticize whomever he wants on this blog as long as he sticks to the conditions of his release.
Shafer runs a business that provides computer services for dental offices.
Ekeland said in an appeal of Toliver's order that it violated Shafer's "political free speech rights."
"He simply wrote a blog post comprised of constitutionally protected speech criticizing his prosecution," Ekeland wrote. "For this he has been taken away from his wife and children."
Ekeland said in his motion that Shafer had the right to criticize his prosecution and answer the accusations against him.
"Mr. Shafer did not lose his free speech rights simply by being accused of a crime," Ekeland said in the motion. "If that were the case, the government could chill the speech of any critic it wanted simply by charging a crime."
Shafer is charged with cyberstalking in the alleged online harassment of the Dallas FBI agent who investigated him. The indictment also accuses him of violating a law that protects people who perform "certain official duties."
Shafer harassed the agent and his family on social media and on his websites, according to an FBI affidavit.
Shafer denies the accusations.
