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Scott Gant, Author Of 'We're All Journalists Now,' Reports Press Freedom May be Subverted...
By Alan Breslauer on 11/1/2007 9:00am PT  

Guest Blogged by Alan Breslauer

Are bloggers journalists? More importantly, should bloggers receive the same privileges the government bestows upon “professional” journalists including, in most states, protection from the forced disclosure of confidential sources of information by way of journalist shield laws?

These are some of the questions congress has been considering over the last month as part of the “Free Flow of Information Act of 2007.” As The BRAD BLOG often relies on confidential and whistleblower sources we have been tracking the issue closely.

With this backdrop, The BRAD BLOG jumped at the opportunity to interview the guy who literally wrote the book on the subject, D.C. constitutional law attorney Scott Gant. Released in June, We're All Journalists Now: The Transformation of the Press and Reshaping of the Law in the Internet Age, has enjoyed favorable reviews and led to appearances by Gant on C-Span's BookTV and The McLaughlin Group, where the host commented that the book was “A great read, an easy read and it breaks new ground, quite groundbreaking.”

Part 1 (7:32) of our interview above covers all things related to the shield law. Part 2 (8:30) of the interview above concentrates on access privileges and other benefits that journalists receive from the government that may be important to bloggers. Both follow below...

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Only if They Make Enough Money At It, According to House Version of Bill...
By Brad Friedman on 10/17/2007 11:55am PT  

Earlier this month, BRAD BLOG's D.C. Correspondent, Margie Burns, sat in on Senate Judiciary Committee hearings concerning a federal "reporter's shield law," ostensibly meant as a way to offer protection for the sources of journalists, while defining exceptions for national security issues. As the bill was voted out of committee she posed some interesting concerns here about it.

Yesterday, Burns wrote at her own site, the House passed their own version of the GOP-introduced, MSM-supported law, but she notes there's a small --- yet very important --- difference in the House bill's definition of "covered person"...

The House version reads,

"(2) COVERED PERSON- The term 'covered person' means a person who regularly gathers, prepares, collects, photographs, records, writes, edits, reports, or publishes news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public for a substantial portion of the person's livelihood or for substantial financial gain and includes a supervisor, employer, parent, subsidiary, or affiliate of such covered person."

The Senate version reads,

"(2) COVERED PERSON- The term 'covered person' means a person who is engaged in journalism and includes a supervisor, employer, parent, subsidiary, or affiliate of such person."

Well, that's an important difference, indeed. One that could substantially effect bloggers, such as ourselves, and certainly those on blogs both smaller and larger (e.g., even the huge Huffington Post, where bloggers are not paid). Under the law, if the compromise version of both houses is passed using the House definition, it could potentially mean that we would not be "covered person" and thus not protected from being required by law to disclose our sources.

Such a statue could be a devastating blow to the ability of folks like us, not on a regular salaried contract with a major metropolitan newspapers or broadcast network, to guarantee privacy to our sources. Many of the stories that The BRAD BLOG has broken and reported over the years simply could not have existed without such promises to insider and whistleblower sources.

Burns goes on to bullet-point a list of those she feels would and wouldn't be covered by the definition of "covered person" in the House version of the bill, including most bloggers as she sees it.

"In other words," she charges, "a 'covered person' is basically anyone Bob Novak could tolerate, and not covered is everyone who might hypothetically or even accidentally be perceived as a threat to the Novaks of this world. What could be sweeter? --- for Robert Novak."

UPDATE: Nate Anderson at ars technica offers additional thoughts.

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Josh Marshall and the TPM Crew School the MSM
LA Times Does the Right Thing and Acknowledges True Investigative Journalism
By Desi Doyen on 3/19/2007 6:02am PT  

Guest blogged by DES...

Just thought we would take a moment to applaud the stellar work of Josh Marshall and his reporters over at Talking Points Memo and sister site TPM Muckraker, for their dogged pursuit of the truth underlying the firings of eight U.S. Attorneys --- a story that has led to serious questions over the prosecutorial independence of the U.S. Department of Justice. (This isn't Marshall's first time at the rodeo --- the "Duke" Cunningham and Jack Abramoff scandals also sprung from Marshall's keyboard, among others back when the MSM didn't find them worth much of their time.)

Saturday's edition of the Los Angeles Times gives credit where credit is due, acknowledging Marshall & Company's stellar work --- in a huge feature story on the front page, no less!

[I]t was here in a neighborhood of bodegas and floral wholesalers that, over the last two months, one of the biggest news stories in the country — the Bush administration's firing of a group of U.S. attorneys — was pieced together by the reporters of the blog Talking Points Memo.

The bloggers used the usual tools of good journalists everywhere — determination, insight, ingenuity — plus a powerful new force that was not available to reporters until blogging came along: the ability to communicate almost instantaneously with readers via the Internet and to deputize those readers as editorial researchers, in effect multiplying the reporting power by an order of magnitude.

In December, Josh Marshall, who owns and runs TPM , posted a short item linking to a news report in the Arkansas Democrat-Gazette about the firing of the U.S. attorney for that state. Marshall later followed up, adding that several U.S. attorneys were apparently being replaced and asked his 100,000 or so daily readers to write in if they knew anything about U.S. attorneys being fired in their areas.

For the two months that followed, Talking Points Memo and one of its sister sites, TPM Muckraker, accumulated evidence from around the country on who the axed prosecutors were, and why politics might be behind the firings.

Hopefully Mainstream Corporate Media denizens will take a cue from the LA Times and cite the blogs they use as sources. Give credit where it is due. It's really not that hard. Maybe now the MSM can all move on from the ridiculous old vs. new journalism feud-mentality and get on with the pursuit of the truth.

Congratulations to Talking Points Memo and TPM Muckraker. You guys rock.

(Photo credit: Carolyn Cole, Los Angeles Times)

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And Other 'Conservative Presidential Anxiety Conference' Highlights...
By Alan Breslauer on 3/2/2007 2:48pm PT  

Guest Blogged by Alan Breslauer

From Presidential wannabe Mike Huckabee referencing Ashton Kutcher's classic movie to a lot of hating on John McCain, this year's anxiety-filled Conservative Political Action Conference (CPAC) looks to be worth the price of admission and then some. Also included in this CNN clip is a look at conservative blogger reaction to the conference.

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By Alan Breslauer on 2/9/2007 5:07pm PT  

Guest Blogged by Alan Breslauer

Don't trust bloggers! Chris Cillizza explains in his Washington Post blog the "potential perils" presidential campaigns face when hiring bloggers who, it turns out, usually have their own blogs where they write their own opinions. The controversy centers around Amanda Marcotte of Pandagon and Melissa McEwan of Shakespeare's Sister whom Tom Donohue of the Catholic League referred to as "two anti-Catholic vulgar trash-talking bigots" for their "hate-filled, blasphemous and obscene remarks" written before joining the Edwards campaign. Donahue, joined by Michelle Malkin and others on the right demanded Edwards fire the two bloggers.

But Edwards made the surprising decision to keep the bloggers considering that Donahue and Malkin are two of the country's foremost experts on "hate-filled" "obscene" "vulgar" and "bigoted" speech. Even the New York Times appeared to take their side writing Marcotte "used vulgar language" in a post last year on the Immaculate Conception. The paper of record also quotes from an unrelated Marcotte post about the Duke lacrosse players despite acknowledging it was written sarcastically about the news media:

“Can’t a few white boys sexually assault a black woman anymore without people getting all wound up about it? So unfair.”

Whether or not you find these statements unworthy of an employee of a potential president of the United States, can we all agree that there is an unprecedented amount of rank hypocrisy at play here? Imagine if mainstream media regulars like Bill Kristol or the New York Times' own Thomas Friedman were held accountable for past statements? And what about Malkin who, despite her vile rhetoric, appears regularly on Fox "News"? For truly "vulgar" journalism it is worth reviewing just about any 2002/2003 Judith Miller column in the New York Times.

Similarly, the Washington Post's Cillizza did not seem overly concerned about the hiring of Terry Nelson to run presidential hopeful John McCain's campaign printing nary a word about his checkered past. Clearly, links to Tom DeLay money laundering scandals and illegal phone jamming scandals that subvert democracy and result in four underlings receiving prison sentences are chump change when compared to the hate-filled words of McEwan who called George W. Bush's base "wingnut Christofascist."

Well, I'd hate to ruin my chances of being picked up by a presidential campaign. So, from now on I will not repeat McEwan's mistake and will only refer to Bush's base as "Christofascist wingnuts" and you'll never hear me making sarcastic statements about the MSM. Fact is, I don't know much about Anna Nicole Smith anyway.

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By Brad Friedman on 2/3/2007 2:00pm PT  

Blogged by Brad from the road...

Shop talk. From a new article "investigative blogging" at NewAssignment.net, a site dedicated to "open-source reporting." Yours truly quoted liberally...

Brad Friedman is a self-proclaimed 'investigative blogger' who broke the story of the "White House Web site Scrubbing." Although today he hates to make the distinction of "investigative blogger," he admits that not being held to the same editorial process does create a schism.

"Actually, I may have been the one who coined the phrase, 'investigative blogger,' I'm not sure."

The reason he used that phrase at first was out of respect for journalists and because he felt there was a difference between what he did and what they did, "until I spent the next couple of years taking such a close look at what journalists really were doing." That’s when he realized he is as much of an "investigative journalist" as they are.
...
And why should bloggers look to the media to feel legitimized? They can be reprimanded like real journalist. Take the case of Josh Wolf --- who has been incarcerated for more than 150 days.

For my comments on that and more wise-crackery, see the full story...

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We Could Use the Money! (And Swell New Products!)
By Brad Friedman on 12/28/2006 6:05am PT  

We've been accused from time to time of being, variously, a "CIA Internet Fake" or a Karl Rove plant or whatever other nonsense folks may dredge up here in Freedom of Speech land. Unfortunately, neither the CIA nor Rove nor "the Jews" have ever paid up. (Please see our blue donation form on the right of every page. We'll take whatever we can get. Even via PayPal. We're not proud.)

On that note then, NYPost reports on some of the companies who are paying bloggers in hopes of good reviews...

If you can't build online buzz for your brand, then just buy it.

That's the pitch from a handful of dubious Internet services offering to turn people into paid shills for advertisers. Their tactics have sparked a controversy similar to the one over fake blogs, or "flogs," launched by Wal-Mart and Sony.

Some of these services offer money to bloggers to endorse a company or product, while others pay people to manipulate popularity rankings on sites such as Digg, Delicious and Reddit.
...
PayPerPost is trying to take the lead in linking bloggers and advertisers, including the Speed Channel, PGA.com and Office Max. It recently changed its policy to require people it hires to disclose their advertiser connections. Bloggers aren't required to give positive reviews.

While we have little interest in either the Speed Channel or the PGA, we've spent the bulk of the Christmas quiet time backing up, reformatting and restoring a hard drive on our ailing computer and still have yet to either finish, or fix the problem that seemed to be there in the first place.

So with that in mind, if Office Max --- a fine, upstanding company, if ever we saw one --- wishes to help out, we certainly could use both a new monitor and, at least, one new computer.

Given the lack of donations The BRAD BLOG seems to receive, along with Office Max's reputation for offering only the best goods and services available at some of the most reasonable prices in the industry (now offering fast, free delivery on most orders over $50!), we believe it'd be the perfect fit!

At least until "the Jews" come through with the big money as promised.

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(Well, Sorta...And So Are You, By the Way! Congratulations!)
By Brad Friedman on 12/16/2006 7:14pm PT  

AP covers here. Time's cover story best sums up their reasoning for choosing us for the award this way:

...for seizing the reins of the global media, for founding and framing the new digital democracy, for working for nothing and beating the pros at their own game, TIME's Person of the Year for 2006 is [The BRAD BLOG].

Thank you, Time. We are humbly honored to accept this prestigious award.

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By Brad Friedman on 11/20/2006 4:45pm PT  

Phew...We're firing our lawyers forthwith...From MSNBC today...

The California Supreme Court ruled Monday that bloggers and participants in Internet bulletin board groups cannot be sued for posting defamatory statements made by others.

In deciding a case closely watched by free speech groups, the court said a federal law gives immunity from libel suits not only to Internet service providers, like AOL, but also to bloggers and other users of their services.

"Subjecting Internet service providers and users to defamation liability would tend to chill online speech," today's unanimous ruling said.

The decision (http://www.courtinfo.ca....ns/documents/S122953.PDF) is a victory for Internet free speech advocates, who warned that a contrary outcome could have affected users of newsgroups, blogs, listservs, and bulletin boards who enter those forums to discuss the views of others. A loss could even have jeopardized websites run by students to evaluate their professors, said the ACLU and the Electronic Frontier Foundation in friend of court briefs.

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Says He Enjoys Using 'The Email' but Son Does Not For Fear of Subpoenas...
By Brad Friedman on 11/15/2006 10:35am PT  

Yesterday, at ThinkProgress...

Last night on Fox News, former President George H.W. Bush said the current political climate has "gotten so adversarial that it’s ugly." Asked to offer an explanation for why there is this "incivility," Bush pinned the blame on bloggers. "It’s probably a little worse now given electronic media and the bloggers and all these kinds of things," he said. Watch it:

Also, Bush revealed that he enjoys using "the email" but lamented that his son, President George W. Bush, cannot for fear that the emails would get subpoenaed. Bush worried that presidents who used email would be forced to prove "that you were telling the truth and all this stuff."

Video and transcript here...

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A Big Win for the Investigative Bloggers!
By Brad Friedman on 5/27/2006 5:54pm PT  

Score another one for the home team. Especially for those of us who call California home.

From AP yesterday...

Appeals Court Rejects Apple Computer's Bid to Identify Sources of Leaked Product Information

SAN JOSE, Calif. - A state appeals court on Friday rejected Apple Computer Inc.'s bid to identify the sources of leaked product information that appeared on Web sites, ruling that online reporters and bloggers are entitled to the same protections as traditional journalists.

"In no relevant respect do they appear to differ from a reporter or editor for a traditional business-oriented periodical who solicits or otherwise comes into possession of confidential internal information about a company," Justice Conrad Rushing of the 6th District Court of Appeal wrote in a unanimous 69-page ruling.

"We decline the implicit invitation to embroil ourselves in questions of what constitutes 'legitimate journalism," he wrote. "The shield law is intended to protect the gathering and dissemination of news, and that is what petitioners did here."

The online journalists are thus entitled to the protections provided under California's shield law as well as the privacy protections for e-mails allowed under federal law, the court ruled.

This is all rather important to us, as you may have guessed, at The BRAD BLOG, considering the kind of work we do here.

In fact, we were quoted by the NY Times last March concerning this very case and appeared on ABC News to discuss it as well that day.

Thanks, and a big congrats, go to the EFF for standing up for us on this one!

The Electronic Frontier Foundation called the ruling "a huge win."

"Today's decision is a victory for the rights of journalists, whether online or offline, and for the public at large," said the group's staff attorney Kurt Opsahl, who argued the case before the appeals court last month.

Right on.

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The Horror...The Horror...
By Brad Friedman on 5/19/2006 3:41pm PT  

I've been very quiet here over the last 24 to 48. Not by choice, and not for lack of stuff to blog about, but because much is going on. All of which I hope to be able to share in various bits, pieces and scoops soon. Thanks to David E. and John G. for their efforts here in my absense in the meantime. Should have more as soon as I can come up for a bit of air.

In the meantime, our new friend and fellow LA Blogger, "scribes" of MartiniRepublic.com has been pestering us endlessly for links from the very popular BRAD BLOG over to his very fine and endlessly snarky site. Virtually none of those gentle requests have been fulfilled.

So he's come up with an even cleverer way to get me to link to him. He's done a short email interview with me, so now I can't help but link over to his site! Smartly done, scribes! Read the interview here for a few bits of mostly unreported, sometimes amusing and occassionally scandalous tidbits of BRAD DIRT about which you may not know (and may not even care to know!)

Otherwise, scandalize me all you wish in comments on this item to be considered an Open Thread...Until I return...

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POST-SHOW UPDATE
By Brad Friedman on 11/17/2004 1:50pm PT  

Well, that was fun. Just finished up the interview on the Pacifica Network's LA/Santa Barbara affilliate KPFK with host Jerry Quickley about blogging the whole story of the Election 2004/Voting Irregularity, Fraud, Mistabulation mess.

A fairly wide ranging conversation about how the blogs have played a key part in the story, the nap the mainstream media is largely taking, and how important it is that bloggers (aka CITIZENS!) are willing to examine what the corporate media, by and large, is apparently afraid to touch until the actual smoking gun shows up in their lap for them.

Quickley, by the way, is a madman. He also rocks. I look forward to doing it again soon.

I was able to nab the live stream from KPFK's site, so listen if ya like. About 17 minutes in your choice of 3 deliciously flavored formats:

God save Public Radio.

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