Zieper v. Metzinger

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Zieper v. Metzinger was a case brought before the United States District Court for the District of New Jersey in which filmmaker Michael Zieper sued several officials of the Department of Justice. It was found that the actions of several Federal Bureau of Investigation agents and a United States Attorney may have violated the First Amendment rights of Zieper and others. The case was ultimately dismissed by the judge.

United States District Court for the District of New Jersey

The United States District Court for the District of New Jersey is a federal court in the Third Circuit.

United States Department of Justice U.S. federal executive department in charge of law enforcement

The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the U.S. government, responsible for the enforcement of the law and administration of justice in the United States, equivalent to the justice or interior ministries of other countries. The department was formed in 1870 during the Ulysses S. Grant administration.

Federal Bureau of Investigation governmental agency belonging to the United States Department of Justice

The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States, and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, the FBI is also a member of the U.S. Intelligence Community and reports to both the Attorney General and the Director of National Intelligence. A leading U.S. counter-terrorism, counterintelligence, and criminal investigative organization, the FBI has jurisdiction over violations of more than 200 categories of federal crimes.

At issue in the case was a film, Military Takeover in New York City, a work of fiction concerning the events of the upcoming New Year's Eve 1999. Produced by Michael Zieper of West Caldwell, New Jersey, the film was posted on the Internet at CrowdedTheater.com. The film was similar in its fictional portrayal of supposedly real events to The War of the Worlds and The Blair Witch Project .

West Caldwell, New Jersey Township in New Jersey, United States

West Caldwell is a township located in the West Essex area in northwestern Essex County, New Jersey. It is located approximately 16 miles (26 km) west of Manhattan and 6 miles (9.7 km) northwest of Newark. As of the 2010 United States Census, the township's population was 10,759, reflecting a decline of 474 (-4.2%) from the 11,233 counted in the 2000 Census, which had in turn increased by 811 (+7.8%) from the 10,422 counted in the 1990 Census.

<i>The Blair Witch Project</i> 1999 film by Daniel Myrick, Eduardo Sánchez

The Blair Witch Project is a 1999 American supernatural horror film written, directed and edited by Daniel Myrick and Eduardo Sánchez. It tells the fictional story of three student filmmakers—Heather Donahue, Michael C. Williams, and Joshua Leonard—who hike in the Black Hills near Burkittsville, Maryland in 1994 to film a documentary about a local legend known as the Blair Witch. The three disappeared, but their equipment and footage is discovered a year later. The purportedly "recovered footage" is the film the viewer sees.

A segment about the film was broadcast on New York television station UPN 9 on November 10, 1999; that night, West Caldwell police and FBI agents went to Zieper's home, although he was not arrested. Agent Joe Metzinger of the FBI, one of the defendants named in the case, was involved in the investigation of Military Takeover in New York City.

UPN American broadcast television network in the 1990s and 2000s

The United Paramount Network (UPN) was an American broadcast television network that launched on January 16, 1995. The network was originally owned by Chris-Craft Industries and United Television; Viacom turned the network into a joint venture in 1996 after acquiring a 50% stake in the network, and subsequently purchased Chris-Craft's remaining stake in 2000. In December 2005, UPN was spun off to CBS Corporation when Viacom split into two separate companies.

There were five co-defendants, including Metzinger. The others were: Attorney General Janet Reno; FBI Director Louis Freeh; Mary Jo White, U.S. Attorney for the Southern District of New York; and Lisa Korologos, assistant U.S. Attorney.

United States Attorney General Head of the United States Department of Justice

The United States Attorney General (A.G.) is the chief lawyer of the federal government of the United States and head of the United States Department of Justice per 28 U.S.C. § 503, concerned with all legal affairs.

Janet Reno former Attorney General of the United States

Janet Wood Reno was an American lawyer who served as the Attorney General of the United States from 1993 until 2001. President Bill Clinton nominated Reno on February 11, 1993, and the Senate confirmed her the following month. She was the first woman to serve as Attorney General and the second-longest serving Attorney General in U.S. history, after William Wirt.

Louis Freeh American judge

Louis Joseph Freeh is an American attorney and former judge who served as the fifth Director of the Federal Bureau of Investigation from September 1993 to June 2001. Freeh began his career as a special agent in the FBI, and was later an Assistant United States Attorney and United States District Judge of the United States District Court for the Southern District of New York. A Republican, he was later appointed as FBI director by President Bill Clinton. He is now a lawyer and consultant in the private sector.

The American Civil Liberties Union assisted the plaintiff.

American Civil Liberties Union Legal advocacy organization

The American Civil Liberties Union (ACLU) is a nonprofit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." Officially nonpartisan, the organization has been supported and criticized by liberal and conservative organizations alike. The ACLU works through litigation and lobbying and it has over 1,200,000 members and an annual budget of over $100 million. Local affiliates of the ACLU are active in almost all 50 states, the District of Columbia, and Puerto Rico. The ACLU provides legal assistance in cases when it considers civil liberties to be at risk. Legal support from the ACLU can take the form of direct legal representation or preparation of amicus curiae briefs expressing legal arguments when another law firm is already providing representation.

The case was dismissed on grounds of qualified immunity.

Qualified immunity is a legal doctrine in United States federal law that shields government officials from being sued for discretionary actions performed within their official capacity, unless their actions violated "clearly established" federal law or constitutional rights. Qualified immunity thus protects officials who "make reasonable but mistaken judgments about open legal questions," but does not protect "the plainly incompetent or those who knowingly violate the law".

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