Slashdot Mirror
Bloggers Not Journalists, Federal Judge Rules
New submitter squideatingdough writes "On InfoWorld, Robert X. Cringely covers a recent case of a blogger accused of libel and defamation. The federal judge ruled that journalists warrant more protection from libel suits than bloggers, but it is obvious from the article that bloggers' rights can vary by state, depending on the 'shield laws' in force." Reader blindseer adds a link to this AP article on the case,
and asks "If the government can define who is part of the press, and therefore gets First Amendment protections, then where does that place the freedom of the press?" The slippery slope is a steep one; even some relatively open societies require licensure for journalists (visiting ones included) with predictable results. (And the Labour Party would like to see a similar system in the UK.)
Allowing a government determine who is and is not the press is allowing the fox to guard the chicken coop.
Knowledge is power but he who controls the information reigns supreme.
Two of my imaginary friends reproduced once
Journalists don't have more rights than anyone else. Freedom of the press means that all people are allowed to publish their opinions. Thomas Paine was a blogger, not a journalist.
I don't know how I feel about the precedent this sets for "what a journalist is," but I'm definitely not weeping for this SEO-ing scumbag:
assange releases real evidence. he doesn't call people names without anything to back it up
The decision does raise an interesting question, though - what makes you a journalist? Is it having an account on WordPress or Blogger? What about aggregators like Drudge and Slashdot? We see journalists espousing opinions all the time, frequently controversial - your local rag's editorial page is just such a place. I love the shades of grey.
Friends help you move. Real friends help you move bodies.
Never forget: 2 + 2 = 5 for extremely large values of 2.
You're not a journalist unless you work for a print newspaper that's about to lay you off and go bankrupt.
SJW: Someone who has run out of real oppression, and has to fake it.
Hell, Journalists aren't reporters these days.
Reporters aren't reporters.
They just regurgitate corporate press releases without any critical analysis. Since it no longer pays to report in the public interest, we're left with PR whores chasing $$$, opponents with an axe to grind and obsessed amateur sleuths on the web.
the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff
The headline is "bloggers are not journalists", but there is a bit more to the case.
Mrs. Cox wrote stuff in her blog that would be clearly libel if untrue, and clearly something someone wouldn't want people to hear if it was true. So she is in court for libel, and the defence against libel would be that she wrote the truth.
Now she says that what she wrote is based on information from a source which she wants to protect. If someone tried to sue the unknown source for libel, then shield laws would protect or not protect that person, and whether she is a journalist or a blogger would make a difference. But it isn't the source who is sued, it is Mrs. Cox herself. And to defend herself, she would need to have evidence that she wrote the truth. If her only evidence is a witness who doesn't want to come forward, and whom she doesn't want to present to the court, then she has no evidence that the statements she wrote are true.
Where shield laws would make a difference: If an employee gives a blogger or a journalist evidence that a company does something wrong. The blogger or journalist now _has_ the evidence. The company wants to take revenge and fire the employee. But here the situation is different; she can protect her witness all she wants, but if she does, she will go down for libel.
How about we don't have special rights for special people? Everyone gets the same rights regardless of whether or not the government or someone else feels like a particular class of people shouldn't have them.
The laws of probability forbid it!
This blogger does not rise to the level of journalist, because she fails to meet this list of qualifications we expect traditional journalists to have. Very few other bloggers have those same qualifications, so they can expect to not be treated as journalists by this court.
Give me Classic Slashdot or give me death!
Here in NYC, the NYPD already has a licensing program for "official press". If you start asking a cop tough questions, they're liable to ask for your license. They also get priority seating in courtrooms.
We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes
The press is an item. Everyone who owns one has freedom of the press. Computers are the modern equivalent of the press, they serve the same fundamental purpose, disseminating information. So everyone who owns a computer has freedom of the press.
Give me Classic Slashdot or give me death!
That rules out most professional journalists.
Go green: turn off your refrigerator.
-Standard IANAL disclaimer-
I am pretty sure that "libel" and "defamation" are separate from mere "opinion".
examples (not necessarily indicative of my own personal thoughts on the subject)
Opinion: I think Obama is a mediocre president who is failing in the campaign promises he made as well as failing to live up to the ideals he espouses.
Libel: Obama is an antichrist muslim terrorist. He lied, cheated, and stole in order to get elected. He did so purposely to steal money and use his power to help himself and his friends get ahead at the expense of the common guy. He's an asshole, a racist, and a hatemonger.
Now, discussing a position with as much power and as much of a public persona as the presidency of course, there is more leeway before slander laws come into effect. I'm pretty sure that the bar is set lower for discussing regular people, especially if the potential slanderer is doing so in a medium that may carry some legitimacy.
Likewise, if you think "your" means "you are", you're probably not a real journalist.
(1) and (2) represent very problematic views about how you should be taught and sponsored by a filtering agent before you can have your say. (3), (4), (5), (6) and (7) are moronic wildcards based on technicalities that most "recognized news entities" from (1) disregard completely. I didn't read the original "article" and maybe it was just something along the lines of "yo dawg, I heard he lieks fags so fag his ass lol he suckz0rz b/c he's fag so fag he licks balls" and therefore borderline indefensible. Still, the reasons provided for stripping someone of a contitutional right seem, at the very least, short sighted, and at the most, incredibly idiotic.
Freedom of the Press and shield laws have never been absolute defenses against being an asshat. They're meant to protect the right to publish information and analysis, not personal attacks and character assassination.
When you read the article, and more importantly the judgment, you find the summary is (as usual) more inflammatory than factual and that Cringlely is spinning it quite heavily. The judge did not find that bloggers did not rate protection, but that Cox by conducting a deliberate campaign of defamation was not acting as a journalist and thus by extension was not protected as one.
I'd argue that even if you have that press badge and are considered a journalist they can still block what you have to say. The NYPD intentionally arrested 5 press badge carrying journalists when they evicted occupy wall street. The press were telling the NYPD that they have a press pass and a right to cover the story and the NYPD responded saying you don't have press freedoms here. When they tried to force the issue they were arrested. The LAPD also had a lottery limiting the amount of press members that could cover the occupyla eviction to 12.
You also hear a lot of press saying 'we're being told we can't cover this' by the police and abiding to it. The police are considering their actions to require the same selective reporting that wars do. I'm not sure if this has gone on a long time and it's the first time I've seen the press talk about it so openly, or if it's part of the militarization of the police departments that we've seen since 9/11.
Having read part of the blog, this blogger needs a course in basic writing. It may be hard to conceive, but it reads WORSE than many of the summaries here on slashdot.
If instead of writing like a teenager posting on facebook or myspace, she had written articles that actually told the who, what, when, where, why, and how in a coherent fashion, she may have been able to avoid being seen as "not a journalist."
If you're going to call someone a liar, whether it's in a blog or in print or on radio or TV, there's a right way to do it, and a wrong way to do it. The right way, you make your case point by point, you present your evidence in a fashion that is easily digested by the reader, and you present your conclusion that the person lied based solely on that evidence. Not speculation. Not "Did so-and-so lie?" That's just innuendo., and not protected.
The judgment also points out that it helps if you can also show that you contacted the person before publishing, either to get their side of the story or to confirm the actual events.
What Cox did was called "yellow journalism", originally known for the colour of the cheap paper the scandal rags were printed on well before they went main-stream at your local grocery checkout counter.
That's a really interesting point. In the minds of the Framers, the press was literally that - the printing press, an object. Certainly Thomas Paine (who published Common Sense anonymously) didn't have a journalism degree, nor ascribe to the other journalistic criteria the judge in this case is enumerating.
The decision does raise an interesting question, though - what makes you a journalist?
It's the wrong question to ask. The right question is to consider each publication individually and ask whether it was journalistic. Someone's history or credentials should have no bearing on how they're protected by law. What should determine whether the law protects you is whether you follow journalistic standards in the publication of the story or article. Do you confirm the facts you present? Are you upfront about any bias you might have, including advertising revenue you receive? Even stuff as simple as whether your articles are checked for spelling and grammar mistakes. But the important part is that the standard is applied to work rather than to people. It shouldn't matter if someone has written Pulitzer-level work in the past...if they take shortcuts and don't adhere to a Journalistic standard, they shouldn't receive protection for that work. Likewise, if someone with a history of shoddy work produces something that meets the criteria, that work should be protected.
Asking what makes you a journalist is akin to making an ad hominem argument. Being a journalist is reflected in your work, so you need only examine the work to determine when someone is a journalist.
This blogger does not rise to the level of journalist, because she fails to meet this list of qualifications we expect traditional journalists to have.
When the Constitution was written, there were hundreds of small presses producing hundreds of often one-page fliers/newsletters/libels daily. This was the environment of the day, and this was the press whose freedoms were not to be infringed upon.
If Slashdot were chemistry it would look like this:Cadaverine
Libel: Obama is an antichrist muslim terrorist. He lied, cheated, and stole in order to get elected. He did so purposely to steal money and use his power to help himself and his friends get ahead at the expense of the common guy. He's an asshole, a racist, and a hatemonger.
A bad example -- outside of the UK, truth is an absolute defense when accused of libel :-p
The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
And most newspapers run letters to the editor. No difference at all.
Is buying a Harley Davidson as your first motorcycle since you were 16 at age 49 a midlife crisis issue?
How about we don't have special rights for special people? Everyone gets the same rights regardless of whether or not the government or someone else feels like a particular class of people shouldn't have them.
Think for a minute. No special privileges granted to police officers to enter premises in case of emergencies, carry weapons openly, or detain people against their will despite not witnessing a crime? No special privileges granted to fire-fighters to restrict people from entering their own homes or to enter someone's home without permission? No special privileges granted to ambulance drivers to go through red lights?
We give government the power to grant privileges to some people that we do not want granted to all people.
I think the point you were trying to make was that everyone should be afforded the protection of the Shield Laws, not just journalists. I disagree; the privilege to withhold information from a court, despite due process being followed via a subpoena, is powerful. That privilege should only be given to people whose refusal to disclose information about potentially criminal activities is, despite appearances, a good thing for the state and its people. This boils down to people whose jobs are beneficial to the state and its people and who rely on public trust and confidential communication to do their jobs effectively. Doctors, lawyers, journalists, maybe some others. And the importance of confidentiality and trust and whether or not information was given in the context of those jobs is examined when the Shield Laws are relied upon.
And in those days, as now, if you libeled someone and they found out who you were and were wealthy enough to get a lawyer to go after you, you suddenly joined the ranks of the destitute. The shield laws providing extra protection to bona fide members of the press are a modern invention. This protection from lawsuits did not exist 200 years ago. This judge just doesn't think they apply to this "blogger".
Yes, you can offer protection to your sources -- you can have your sources send messages to you anonymously. Use Tor, set up a hidden service and have your sources contact you via that hidden service. Part of the job of a journalist in the 21st century is to use whatever technical measures are available to protect the confidentiality of sources. It may come to the point of being imprisoned for taking such a stand, but journalists are expected to be prepared for imprisonment before they betray their sources. If bloggers are journalists, then bloggers need to start acting like journalists.
Palm trees and 8
Still, the reasons provided for stripping someone of a contitutional right seem, at the very least, short sighted, and at the most, incredibly idiotic.
They didn't strip someone's constitutional right. You have a constitutional right to free speech, but you don't have a right to libel or defamation. If you publicly declare that someone is a crook and a thief, like this person did, then the first amendment will not protect you. You need to have evidence to support your claim.
On the other hand, we as a society recognize that people who are in the business of digging up news will sometimes dig up information that makes people mad. And they will be sued with frivolous lawsuits just out of revenge. Congress has the power to grant them protection beyond the first amendment rights.
If this woman had been able to show anywhere that she was in the business (paid or unpaid) of digging up news, she might have been eligible for protection. If she'd had any of the qualifications listed by Hatta, she might have had an argument. But she had none. If there is absolutely zero evidence that she is anything more than a ranter with a blog, who wanted to insult someone publicly. And thus she was classified by the court.
There are some parts of the legal system that are bad, but I think they got this one right.
"First they came for the slanderers and i said nothing."
Even your example of libel is pretty borderline. Usually, it has to be something that is a clear statement of fact. An ordinary person would not think that you are genuinely accusing him of criminal terrorist acts, or that "lied, cheated, and stole" is meant to be a specific accusation. A better example of libel would be "Obama robbed my grandfather's grocery store in 1997." That's a definitive statement of fact (a specific criminal act, in particular) that either is or is not true.
YES. THIS.
The same person can work for multiple outlets.
Take Keith Olbermann. Regardless of what you may think of him, his career has had him all over the place. Should he enjoy the same protections on ESPN as he did on MSNBC prior to Countdown (which was more news and less opinion) should that enjoy the same protection as Countdown which is largely opinion commentary? What about his Twitter account?
Most journalists will shy away from outlets that are not well regarded for journalistic integrity because they don't want to sully their own names via association. But just because it's rare, that doesn't mean that if a journalist DOES want to go work somewhere else that they should enjoy the same protections in both capacities.
Touch everywhere, even when inappropriate.
Obama is an antichrist muslim terrorist. He lied, cheated, and stole in order to get elected. He did so purposely to steal money and use his power to help himself and his friends get ahead at the expense of the common guy. He's an asshole, a racist, and a hatemonger.
You know, if you're just going to copy from fox news, you could at the very least cite them.
Freedom of the press is not a freedom granted to journalists as a profession, it is an individual freedom. The Universal Declaration of Human Rights states it more clearly: "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference, and impart information and ideas through any media regardless of frontiers."
Our education system has indoctrinated our citizenry for several generations with false information about our Constitutional rights. You may have heard that the Constitution is a "living breathing document", it is not. It is a contract that uses specific language to limit the powers our government are to exert on the people.
Therefore, many of the interpretations that have arisen, such as the confidentiality of sources, is not based on sound Constitutional interpretation since this doctrine is applied only to bona fide "journalists" and established news sources.
The US government have made it clear that we have no inalienable rights; any we do not defend vigorously will be taken.
Just to let you know, Fox News was sued for exactly what you're speaking on. Their defense in this case and others was that they are NOT a 'News Organization' and therefore the FCC rules don't apply to them.
That's a really interesting point. In the minds of the Framers, the press was literally that - the printing press, an object. Certainly Thomas Paine (who published Common Sense anonymously) didn't have a journalism degree, nor ascribe to the other journalistic criteria the judge in this case is enumerating.
...and this has nothing to do with her right to publish. Only whether she can be sued for libel for *what* she published. Taking your example, Thomas Paine would be sued if he wrote and published libelous material. Nothing is *preventing* him from doing so, but nothing is protecting him from the repercussions for said writings.
Shield laws, as others have stated, are a modern device. They did not exist during Thomas Paine's time. If you published lies, you could be sued then as today. If she wants to qualify for Shield protection there are certain qualifications that we require from her. That she did not have *any* of them is of paramount importance here. She did not fact check, she did not get both sides of the story she did not even bother with the basic 5 Ws of Journalism.
If she had evidenced even *some* of the requirements the judge outlined, she might have been ok. That she had none makes her a hack on a personal vendetta whether her accusations are true or not. The judge was correct in this case and it does not weaken the 1st Amendment in any way. This particular blogger is not a journalist. I do not believe this decision does anything to any other blogger but give them a wakeup call. If you want to be treated like journalists, start acting like one. Granted our current media rarely, if ever, act like journalists either but that is a separate rant.
Nothing in this decision diminishes or even impacts Freedom of the Press. Anyone can print anything they like, but just like Freedom of Speech does not grant you the right to scream fire in a crowded thater Freedom of the Press does not automatically exempt you from the repercussions arising from your writings.
I don't remember the target, but I remember a long-running smear campaign a few years back. Some guy registered a domain named something along the lines of so-and-so-is-not-an-idiotic-jerk.com then put up a website full of innuendo. Things like "Are the rumors that so-and-so molests children true? We here at so-and-so-is-not-an-idiotic-jerk.com don't believe them for a second. Anonymous sources claim that so-and-so enjoys torturing kittens, but we don't think those sources are credible."
http://en.wikipedia.org/wiki/Beck_v._Eiland-Hall
I would argue that if Andrew Brietbart is a "profession journalist," then the journalistic standards don't mean anything.
What outrages me isn't that a blogger got hit with defamation, it's that journalists don't. What Crystal Cox did was clearly unethical, but it sounds to me that her actions would be perfectly legal if she was part of a news organization. So Andrew Breitbart can fabricate photos of OWS protesters defecating on cars, edit a clip of a USDA official to make her look racist against white people, and send out videos of ACORN officials edited to make it look like they are giving criminal advice on conducting a child prostitution rings (when two DA's found otherwise), and that's all perfectly okay because all of this disinformation and defamation is being executed by "professional journalists"???
The idea that journalists are somehow licensed to defame others is what offends me about this ruling.
i ~ Celebrating Science, Cyberspace, Speculation
You're attacking the wrong part. The issue is whether she qualifies for extra protection above and beyond her constitutional rights. The court said she doesn't. That doesn't mean she's guilty of libel, just that she doesn't qualify for special protection.
The libel case is apparently still ongoing, but the judge has thrown out her defence relying on journalist shield laws. On the topic of whether she's actually guilty of libel or not, Cringely says:
Libel is not a crime, and you are not presumed innocent in a civil disagreement. My wife was sued a couple of years ago for defamation for some statement she made in a formal complaint she filed against a certification board. The details are unimportant and probably not wise to discuss. The point is, my wife's statements were true, and caused some level of harm to this other person. She sued my wife, and won, because there was no way to prove one way or the other the actual truth of those statements. Regardless, in the jury's mind the evidence was apparently on the side of the plaintiff, and my wife lost her case.
This is in spite of the fact that my wife's statements were true. I know they were true, because I was in the room when the precipitating events took place and saw/heard everything. My wife certainly was not guilty "beyond a reasonable doubt." The situation was simply murky. If you're a criminal defendent, murky is a good way for things to be, since there is still some possibility that you're innocent. However, this was not a criminal trial and things don't work like that. Luckily, our insurance paid for everything.
On the one hand, I am still very angry at what happened to my wife. On the other hand, I have a more realistic understanding of how bad things can get when adults make serious sorts of accusations about each other. You better be sure you're right about it -- you can completely ruin someone's life if you aren't.