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shall be required by … a judicial officer … to disclose, by subpoena or otherwise … [t]he source of any published or unpublished information obtained by the person in the course of gathering, receiving or processing information for any medium of communication to the public[.]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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The thing Obama and the Democrats don’t seem to understand is that the ublic would have their back if they knew the facts. And thus, the Democrats need to articulate the facts: clearly, concisely (a challenge, I know), and consistently.

They would not have to give in at all on issues like Medicare, matching debt reduction with spending reduction dollar-for-dollar, and refusing all new revenue if they would put it out to the American people the way Lou Dubose did in the little-read but much-respected Washington Spectator of July 15. You can read the article here, if you happen to subscribe to that wonderful little newsletter.

So let me summarize some of Dubose’s points:

  • Under George W. Bush, the government raised the debt ceiling eight times—something that had not had to be done in the last three years of the Clinton administration, because Clinton turned the Reagan/George H.W. Bush deficits into a surplus.
  • George W. Bush’s first tax cut cost the government $1.3 trillion in lost revenue. His second tax cut added another $350 billion to the deficit. And his Medicare prescription bill (wildly considered a giveaway to the pharmaceutical giants) was an unfunded mandate of more than $600 billion.
  • These huge additions to the deficit don’t even count the enormous cost of our illegal and very expensive wars in Iraq and Afghanistan; according to the National Priorities Project, the cost of these two wars is more than $1221 trillion as I write this, and escalating rapidly every second. You can actually watch the numbers jump at its Cost of War website.

Dubose quotes economist Chad’s Stone’ testimony at a Jont Economic Committee hearing June 21:

The economic downturn, tax cuts enacted under President Bush, and the wars in Afghanistan and Iraq explain virtually the entire federal budget deficit over the next 10 years.

The tax cuts alone, Stone concludes, represent 6 percent of GDP right now—but if they are not reversed, public debt will be an unimaginable 95 percent of GDP by 2019—not a legacy we want to saddle our children with.

So if I were Obama or Pelosi or Reid, or any Democrat who wants to win his or her next election, I’d be out there every day, telling the press and the public:

  • Spending cuts on programs for the poor and on economic stimulus measures like energy conservation programs make no sense when you’re trying to bring the country out of a big recession
  • Bush and the Republicans squandered the surplus on wars and tax cuts; that was a failed strategy and now it’s time to do it differently
  • The poor and middle class have already sacrificed far more than their share, including the shriveling of their investments, while billionaires and huge corporations have done very well of late
  • Public servants are actually paid far less than they would get for jobs with similar levels of responsibility in the private sector; they are dedicated teachers, firefighters, police officers, etc., who keep society functioning, and who deserve to be treated better than to be the whipping boys for government spending zealots
  • If you want to look at spending cuts, look at the military—that’s a lace with a lot more fat to cut
  • A one-sided set of demands with no room for negotiation is not a compromise, and is not acceptable.
  • Revenue growth has to be part of any deficit discussion
  • These deficits are of the GOP’s own making, as is the financial crisis that resulted from combining the big tax cuts with nearly complete lack of oversight under Bush—doing it again won’t solve the problem
  • We need good, clean jobs to rebuld the econmy, and the way to get them is through a Marshall Plan-style effort to get us off carbon and nuclear and into safe energy and deep conservation (I’ve written about this several times; see, for instance, my blog posts “Where is the LEFT Challenge to Obama?” and “Why the Democrats Lost: Failure to Be Bold”)

Etcetera.

In short, the Dems (and I’ve said this before) have to get much better at framing and messaging. They should study George Lakoff’s Don’t Think of an Elephant. They need to understand that politics is about marketing, and the reason they lose so often is because they don’t have a clue about marketing. And they need to identify Republicans as the bad guys concerning why the American people have NOT gotten so much of the “Change” mantra that got Obama elected. Otherwise, he will deserve to lose next year.

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Since I’ve often been critical of President Obama, it’s nice to point out two bits of positive news you probably haven’t heard on national media:

First, this press release reports that the bailout is actually working; the government has now been repaid more than the amount outstanding–and if I’m understanding this correctly, the program should eventually show a profit.

And second, the Washington Spectator (which can always be counted on for great under-the-radar reportage) reports significant strides toward nuclear disarmament (and a much lower number of n-weapons than existed 30 years ago). (You have to be a subscriber to read the article.)

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