From time to time, there is a discussion about the role people like me play and a post from last Friday by Melissa Clouthier talks about a recent court case in Oregon where a blogger was sued for libel and lost in part because she was denied the media shield protection a “regular” journalist receives. As Clouthier writes:
This case disturbs me as a blogger. I’ve had sources feed me stories – nearly every blogger has sources. There should be shield law protection. Period.
She also notes:
Right now, bloggers are exposed. If a big corporation, a rich/important individual, the government or someone in power wants to harass a blogger, he simply has to sue them into compliance. Even if the powerful has no case, the lawsuit itself can put an independent journalist out of business.
Melissa also links to an old acquaintance of mine from my days in Toledo, Maggie Thurber. Maggie adds a little bit of context to the discussion regarding this public service that bloggers do:
We have several local examples of people doing their part, including (one woman) who attends Toledo City Council Meetings, takes notes and then shares them with us here on this blog.
It doesn’t take much, since many are already attending meetings across the county – and anyone who share their meeting notes here is welcome to do so.
As we’ve found out, much to our chagrin at times, the mainstream media can’t be everywhere and even when they are present they don’t always cover the event well. For example, I have been at probably fifty Wicomico County Republican Club meetings over the last several years, where public officials utter statements which can be newsworthy. I believe there has been one instance where print media was present, but to be honest I forget who it was for. And while Salisbury City Council and Wicomico County Council have received regular coverage, the press tends to ignore smaller communities, political forums, and the like where news can be made, too.
Unfortunately, I’ve also found that the role of self-appointed journalist doesn’t always suit some people, and perhaps that’s the reason we haven’t earned that First Amendment protection. (There are a few plaintiffs locally who may agree with that initial statement, considering their dealings with another local blogger.)
While we don’t have the rights that “mainstream” journalists have, to be good at what we do and to legitimize what’s still a maturing news resource we still have the responsibility to be accurate and honest in both our reporting and the disclosure of our point of view. There’s no question I come with a conservative slant to what I write, and I don’t deny it. But that doesn’t relieve me of the responsibility to be as accurate as possible when I put on my reporter’s hat.
Certainly, though, there is one part of the statement which Melissa brings up and I allude to a couple paragraphs above. If someone with money or power is “wronged” by a blogger, they certainly have the means to destroy that blogger even if he or she is in the right. It’s sort of the inverse to the scenario where a company settles out of court with a plaintiff to avoid the prospect of losing a much bigger settlement at trial.
The Crystal Cox case is illustrative of what can happen to a blogger. Based on one post out of several regarding the plaintiff, a federal judge ruled against her defense that she was entitled to her state’s media shield law. U.S. District Judge Marco Hernandez wrote:
(T)he record fails to show that she is affiliated with any newspaper, magazine, periodical, book, pamphlet, news service, wire service, news or feature syndicate, broadcast station or network, or cable television system. Thus, she is not entitled to the protections of the law.
In the interest of disclosure, Hernandez was slated to be a Bush appointee, but he was held out by the end of Bush’s term and renominated by President Obama last year.
Now I have written before about the difficulties some bloggers have with financial support, but this is another potential landmine we all face. Not only could we use some financial assistance from those who could find us useful to advance a political agenda, but the possibility of more rulings like Judge Hernandez spewed forth means we need to find a way to legitimize ourselves in the eyes of the public.
Unfortunately, it was one post out of hundreds Cox wrote which did her in, and there’s the possibility that anyone who says something which gravely offends someone in a position of power can be in the same boat. That possibility is one which chills the national discourse, and shield laws should expand to allow those who blog the same rights as any other freelance journalist who toils for the print media. Of course we shouldn’t be able to get away with libel, but those bloggers who can prove themselves to be responsible at their craft despite their independence shouldn’t be penalized, either.