An Oregon judge ruled that blogging is not protected as journalism under the state’s journalism shield law. If allowed to stand, this sets a truly terrible precedent.

Here’s what the law says:

No person connected with, employed by or engaged in any medium of communication to the public shall be required by … a judicial officer … to disclose, by subpoena or otherwise … [t]he source of any published or unpublished information obtained by the person in the course of gathering, receiving or processing information for any medium of communication to the public[.]

Notice—there is nothing here about working for a recognized mainstream media outlet. By my reading, a guy in a clown suit standing on a milk crate in the park and haranguing a crowd of random passers-by would not have to disclose sources.

Yet here’s what U.S. District Judge Marco A. Hernandez wrote:

. . . although defendant is a self-proclaimed “investigative blogger” and defines herself as “media,” the record fails to show that she is affiliated with any newspaper, magazine, periodical, book, pamphlet, news service, wire service, news or feature syndicate, broadcast station or network, or cable television system. Thus, she is not entitled to the protections of the law

Hello! Since when does being a journalist require working for mainstream media? This country has a history of independent writers serving a journalistic role going back to those 18th-century “bloggers” Tom Paine and Ben Franklin—those guys didn’t write for the London Times, but started their own publications. Are you going to tell me that Daily Kos, Huffington Post, RedState, Drudge Report, Washington Spectator, and even the legendary I.F. Stone’s Weekly of the 1950s and 1960s have no place in the world of journalism? That the thousands of indy-media-istas who attend the National Conference for Media Reform are spitting in the wind?

And meanwhile, investigative blogger Crystal Cox is facing a $2.5 million judgment because she would not disclose her sources. Out-bloody-rageous!

Shame on you, Judge Hernandez!

Abraham Lincoln said, “It is a sin to be silent when it is your duty to protest.” I am protesting. And I hope voices with more clout than mine, such as FreePress.net, the National Writers Union, Authors Guild, American Civil Liberties Union (ACLU), People for the American Way, National Coalition Against Censorship, and opinion journalists working for mainstream media (like Rachel Maddow) jump in and protest as well—with amicus briefs filed for the appeal.

 

Kris Miller Law is a respected and trusted  criminal defense attorney ready to help you with your legal needs.

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I’ve often been told that I’m a delusional optimist for saying that honest, ethical behavior is rewarded in the marketplace. I don’t talk very much about the negative personal consequences of being crooked.

But that side deserves attention too, every once in a while. Like today, when deposed Illinois Governor Rod Blagojevich got sentenced to 14 years in prison for trying to sell off the Senate seat once held by President Obama.

14 years is a long time. Blagojevich will have lots of time to reflect on why crime doesn’t pay, and those charged with upholding the public trust should do so.

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According to the Associated Press, there was a huge jump in carbon emissions, worldwide.

The new figures for 2010 mean that levels of greenhouse gases are higher than the worst case scenario outlined by climate experts just four years ago…

The world pumped about 564 million more tons (512 million metric tons) of carbon into the air in 2010 than it did in 2009. That’s an increase of 6 percent. That amount of extra pollution eclipses the individual emissions of all but three countries — China, the United States and India, the world’s top producers of greenhouse gases.

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Increased reliance on coal (WHY??? WE KNOW BETTER!) has a lot to do with the problem.

And not surprisingly, climate change correlates closely with the growing epidemic of extreme weather events.

Meanwhile, the climate talks in Durban, like their predecessors in Copenhagen a few years ago, don’t seem to be getting much accomplished.

“Double-plus ungood.” Fiddling while the planet burns.

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In honor of the push to bank local by Green America, the push to buy local by Business Alliance for Local Living Economies, and because business bankers want to see business plans and December is National Write a Business Plan Month, I present this guest post from Tim Chen of NerdWallet, on sustainable banking.

Take it away, Tim:

Seems like everywhere you turn these days people are promoting something green. From locovore diets, to green building and green business, there’s a big push for more sustainable living, and a certain trendiness that goes along with it. Chances are if you’re reading this blog, you’re already in the know. Maybe you have your own sustainable business venture, and you’re looking for tips and ideas to make it work. Here’s one for you: Green banking.
Green banking means different things to different people. Maybe you switched to online statements, and you’re darned proud of it. If so, good for you. If not, check it out. Going paperless with your banking is one of the easiest ways to give the environment a little help, and just about every bank offers the service.
But there are other ways to green your banking, and options you may not have heard of. Take, for example, New Resource Bank in San Francisco. The bank only offers accounts to green businesses, and allows accountholders to network with each other. New resource composts and recycles in an effort to meet their goal of 95% waste diversion away from landfills, and every swipe of your debit card earns money for their nonprofit partners.
There’s also GreenChoice Bank, which is based in Illinois. The bank targets their lending to the sustainable business community, and half of the management is accredited in Leadership in Energy and Environmental Design (LEED).
Houston-based Green Bank will donate $50 to one of a list of local environmental organizations when you open a business or personal money market or checking account. The bank headquarters are LEED Gold-Certified, with minimized resource consumption and rainwater irrigation.
If these banks aren’t in your area, don’t despair! Green America offers a list of community development banks and credit unions, as well as a campaign to “break up with your mega-bank.” Switching to a greener bank can help you take your business sustainability one step further. It will also put you in good company––who knows, you might even make valuable connections with likeminded entrepreneurs.
Tim Chen is the CEO of NerdWallet, an unbiased resource for the best business credit cards.

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Got to brag on myself here. I was deeply honored to be inducted in October, honoring my 40 years of work as an environmental activist and wrier. Now I just found out the National Environmental Hall of Fame put up a whole spiffy page about the event.

I welcome your comments about it here.

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60 Minutes reports that not a single bankster has been prosecuted on criminal charges over violations of the Sarbanes-Oxley Act (a/k/a Sarbox)—the corpoate ethics law much-ballyhooed by reformers and much-belittled by corporations (on whom it imposed a significant paperwork burden).

As the TV program documents, there’s plenty of evidence of criminal wrongdoing, and there are people who would be perfectly willing to testify. Why the failure of will?

Could it perhaps be related to that other failure: failure to prosecute the leaders of George W. Bush’s administration who lied their way into two wars, passed billions of dollars in sweetheart deals, stole two presidential elections (and likely a few key races in Congress), and approved a regulatory climate that let the banks and polluters run amok?

Just wondering out loud. What do you think?

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Must-read article by Eliot Spitzer on how banks defrauded the government into giving a whopping $7.7 trillion in secret loans, with no conditions, under false pretenses. That is half the entire GDP!

And that’s OUR money, folks! Bush’s “regulators” let these deals happen with no scrutiny of the banks, and nobody was scrutinizing the regulators.

“If you’re not outraged, you’re not paying attention.” (author unknown)

“Justice, justice shalt thou pursue.” (The Talmud)

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There’s dumb, and there’s dumber, and then there’s really dumb.

Sometimes, it takes an advanced degree to be really dumb. Like the lawyers who work for the fast-food chain Chick-fil-A. In their infinite wisdom, these lawyers apparently decided they own the phrase “eat more,” and went after EatMoreKale.com for trademark infringement.

Sorry, but this doesn’t wash. Coupling the words “eat” and “more” predates Chick-fil-A, I’m guessing, by about 1000 years. Chick-fil-A also deliberately misspells its slogan, which is actually appropriate for trademarking, because trademark law rewards unique spelling (yeah, trademark law is one reason for the dumbing down of our whole culture—but that’s a post for another day). Since its actual slogan is “EAT MOR CHIKIN,” the company might have a claim for “eat” followed by “mor” without the e at the end, all in caps.

But NOBODY except a very dumb lawyer can possibly confuse three cows on a white background, each holding a word of the thin, handlettered-looking misspelled Chick-fil-A slogan, with the thick black letters, bright green circle, and black background of EatMoreKale.com—any more than they’d confuse eating fast-food factory meat with kale.

Is it any wonder that people make so many lawyer jokes? Can somebody please tell the Chick-fil-A lawyers to get a life?

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