Friday Morning with Temple Part 1 of 2 - Page 5

Justene: How does a ruling that bloggers are not journalists prevent a place like PolState from getting to a point where your writers work like fully-fledged journalists.

Temple: I partly addressed that "are bloggers journalists" question with my point that media laws are really laws for any citizen. I think it's interesting that these bloggers are essentially begging for the right to be sued. Ultimately if blogs want to be taken seriously as news sources - well they're going to have to follow the same legal rules; though not necessarily the same writing standards and so forth. The case against the bloggers / writers online publishing secrets about Apple is one case study in this debate. First these bloggers were people who worked at Apple, not necessarily any Joe Citizen. Secondly, if they were publishing illegal business practices they would be protected under the
whistleblower acts. But if they are publishing trade secrets what rights do they have? I say not many. And just as important, what "need to know" is there from the public? But instead, as you say, what has become the central issue -
for bloggers - is a judge's ruling that these bloggers aren't journalists.

UPDATE: The bloggers did not work for Apple.

Temple: Kick me where it hurts if you disagree. I don't think the decision applies to all other situations, and don't think it applies to PolState. Though as I've said I don't, yet, view our writers as fully-fledged journalists. In the respect that they could be at any moment though, future legal decisions will be more meaningful.

Temple: Slightly off-topic. I think I'm consistent in this where many are not. Many want business to have all the rights and all the freedoms to conduct business - until that copyright law or FEC law interrupts their personal enjoyment. Then the business becomes oppressive.

Justene: It may not apply to all situations but you and I both know that some will try to use the Apple decision and try to apply it everywhere. PolState doesn't use anonymous sources now but you are already looking at getting only very favorable interviews. Do you think this hurts you?

Temple: Sure, somebody will try and apply it and that's the future decision I'm talking about. There is a difference between a blogger who is writing about his/her life and a blogger who will start to quote public officials and twist the words of other people. Quoting anyone, that comes with responsibilities in my
very humble opinion. It's much easier just to mouth off, but if you lie deliberately or aren't willing to run a correction when someone points out your error you should expect consequences - especially if your site is very popular and you make money off of it. Maybe a disclaimer at the top of "your" blog that says "Everything I say is bullshit" might suffice :-)

Article Author: Justene Adamec

Justene practices law in downtown LA. To chat about this or other topics, IM Justene.

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