Fort Worth, Texas-based Burlington Northern Santa Fe Railway (bnsf.com) filed the suit against Web hosting provider Network54 (network54.com) to identify the individuals who posted the articles on the message forum.

The lawsuit also names two John Does, who posted two parody news articles on the Network54 message board poking fun at controversial railroad union issues.

However, Public Citizen says that BNSF has no right to demand the Web host to disclose the identities of the individuals who posted the comments just because it finds the content offensive. Public Citizen is representing Network54, along with local counsel David Broiles of the American Civil Liberties Union of Texas.

The Washington, D.C.-based Public Citizen is a nonprofit consumer advocacy organization that represents consumer advocacy issues, including the consumer's right to seek justice in the courts.

The group also told the Texas court that it has no jurisdiction in the matter because Network54 is a California company and has no offices, employees or any other physical presence in Texas.

"Apparently the people who run this railroad need a refresher course in American civics, particularly the part where they discuss the First Amendment and freedom of speech," says Paul Alan Levy, an attorney for Public Citizen. "This is just another example of a company trying to use the courts to censor and intimidate its critics."

The Network54 forums' terms of use clearly states that the Web host is not responsible for the accuracy or legitimacy of items posted on its site, the group added.

The Web host's terms of use section reads: "Network54 is not responsible for any problems that may occur from reading or using content posted on Network54, as they are the exclusive responsibility of two parties: the user who posted it and the Resource owner who permitted it to be posted."