Judge Rules: Blogs Aren't News

I found this to be quite interesting.  The judge found that not only are blogs not news - not only are bloggers not journalists - but bloggers shouldn't be shielded by protections journalists are.

 

NJ Judge Says Blogs Not News; Blogger Open to Defamation Suit

Camryn Hansen
Contributor

July 10, 2009 10:54 PM

 

In the trial of Washington State blogger Shellee Hale, Superior Court Judge
Louis Locascio of Monmouth County has ruled that Hale is not protected
under New Jersey’s journalist shield law because she is a blogger
rather than a mainstream media journalist.

Acknowledging that he was wading into largely uncharted legal
waters, said Shellee Hale's message board postings last year about a
Freehold-based computer software company were nothing more than the
rants of "private person with unexplained motives for her postings" and
cannot be given the same protections as information compiled though the
process of news gathering.

"To extend the newsperson's privilege to such posters would mean
anyone with an email address, with no connection to any legitimate news
publication, would post anything on the internet and hide behind the
shield law's protections," Locascio wrote.

"The rate at which the internet has grown and evolved into a
universal source of news and information has left the legal community
in its dust," Locascio wrote in his 19-page opinion. "The time has come
for the law to begin establishing its place in this vast abyss." -MaryAnn Spoto, The Star-Ledger

 

The ruling also means that Hale can be sued for slander for the
allegedly defamatory statements she posted on an Internet message board
about a software company based in Freehold. Hale had asked to be
protected from the lawsuit by the shield law, which states that
journalists can’t be forced to reveal their information sources.

http://cherryhill.injuryboard.com/miscellaneous/nj-judge-says-blogs-not-...

...nothing more than the
rants of "private person with unexplained motives for her postings" and
cannot be given the same protections as information compiled though the
process of news gathering.

Wow.  Just.  Wow. 

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Bet this ruling makes a lot of lawyers very happy...

maybe even looking for a larger yacht.

A mind once expanded can never return to its original dimensions.

Anne Hathaway: 1556-1623

 

The greatest derangement of the mind is to believe in something because one wishes it to be so.

And some antsy bloggers

Speculation is that it opens an avenue for politicians to harrass bloggers. I look at it differently. I think blogs are opinion which I consider to be protected.

Where are the bloggers on this?

Usama bin Forgotten

This is wrong

This ruling is wrong in so many ways. First by mentioning that all people need is an e-mail shows that the judge really has no expertise regarding the net or blogs. That aside how can he make a ruling that is not enforceable? When he lumps e-mail and blogging together he makes it completely unenforceable. It would take an army of internet police and a second army of lawyers just to start to police all the blogs, so that won't happen. If this ruling becomes accepted law everyone on the net who believes they have been liabled or slandered will be threatening a lawsuit.

"Each progressive spirit is opposed by a thousand mediocre minds appointed to guard the past.” - M. Maeterlinck

"He who controls the present, controls the past. He who controls the past, controls the future." ~Orwell

Rereading the original decision on this...

it looks like this judge has taken the first step in developing an epistomology of the law vis-a-vis the internet with it's throngs of bloggers, posters, visiting bigwigs and all the rest.

Entirely possible that his decision will be overturned upon appeal. But, a start has been made. Order out of chaos, so to speak.

Going to be interesting and probably quite profitable for many in the long run.

A mind once expanded can never return to its original dimensions.

Anne Hathaway: 1556-1623

 

The greatest derangement of the mind is to believe in something because one wishes it to be so.

Any lawyers in the family?

I wish I had some.

Usama bin Forgotten

Things should start hoppin'

Got your popcorn?

Usama bin Forgotten

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