Law now is not on bloggers’ side
Hey, watchdog citizens: Welcome to America’s civic arena of “uninhibited, robust and wide-open ” debate on public issues. Just be careful what you say.
That’s right, self-proclaimed journalists; you wander into a trackless, dangerous swamp.
Within it information democracy growing from the fertile World Wide Web like a radiant flower has some sharp and venomous thorns. They have power to prick and poison free expression instead of enhancing it.
Go ahead; put your words out for all to read. You shall be held accountable not just in the court of public opinion but possibly in a real court, even in jail.
Citizen Media Law Project ’s “Lawsuits involving Blogs” database lists more than 100 cases.
One of those is against 53-year-old grandmother and Realtor Lyndal Harrington who spent three nights behind Texas bars in May for contempt of court in a mere libel suit involving some toss-off celebrity gossip opinion she posted on a Blog.
According to houstonbestrealty.com, Harrington said, “I just voiced my opinion. … I got into this because my business had fallen apart in this economy and it was something to do.”
More insidious is the capacity of public officials and powerful special interests to crush dissent through abuse of libel laws.
Consider Butler University administrators suing student Jess Zimmerman for criticizing them, according to Inside Higher Education.
Or Cape Cod blogger Peter Robbins who had the temerity to comment on a dredging project. He got sued. The offending comments disappeared.
If you think that is chilling, freeze on this: The Austin Statesman-American reports Police Chief Art Acevedo claims he has broad subpoena and search powers to investigate what he claims are postings of defamatory comments on public Web forums by people using others’ names.
Apparently protecting his own thin skin is the highest law enforcement priority in Austin.
It ever is thus. God forbid in a free country some grandmother would jump into celebrity gossip, a student would criticize college officials, a citizen comment on a public project or that those we empower to arrest us and use lethal force against us would be subject to our criticism.
Know this, citizen watchdogs: The worst of those from any party or persuasion who hold public power are smart, ruthless and universally deluded that they somehow are entitled to the privileges – legal and otherwise – of office.
They absolutely will abuse all powers of government ferociously to protect their turf and insulate themselves from even the slightest criticism.
You think not? No less an icon of freedom than Thomas Jefferson, while president, sued for libel all the way to the Supreme Court (he lost) and is suspected of being behind state prosecutions of criminal seditious libel.
So, if you choose to publish controversial information – as fact or opinion — impose upon yourself the highest standard not just of professional journalistic ethics, but of personal honesty and conduct: for if you actually happen to get close to serious corruption, you shall be tested.
The best preparation is to follow general ethics and practices of professional journalists. Plenty of information is on the Web, including from the American Society of News Editors and Society of Professional Journalists .
The U.S. Supreme Court allows expression that would get you fired from any newsroom in America. Professional journalists hold themselves to the highest ethical standards in history. Those standards are self-inflicted, but they are much tougher than the law requires.
Fundamentally those standards all boil down to the old city editor’s dictum: Check everything out. If your mother says she loves you, check it out. To which we now add: If she says it in an email, double check it. If she says it on the Web, triple check it.
Even “truth,” supposedly the ultimate shaky defense against defamation claims, does not protect you from the huge expense and life-disrupting impact of a lawsuit. Too often, even if you ultimately win, you lose.
Rest assured, if you actually ever stumble close to real corruption, things will get very ugly. When they do, you are on your own. Everybody backs away.
When a judge says you go to jail, you go directly to jail. When a police officer says you are under arrest, you are immediately in his power.
At that moment, you have no rights. Government power acts instantaneously. Citizen rights engage ever so slowly, if ever at all.
Most importantly if you are going to publish: Learn a little bit about journalism and the law; snuggle up to the ACLU; get some insurance.
Here are more links to help:
Electronic Frontiers Foundation
The Associated Press Stylebook
Society of Professional Journalists
American Civil Liberties Union
International Freedom of Expression eXchange
Frank Keegan is the Senior Editor of Watchdog.org
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