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shall be required by … a judicial officer … to disclose, by subpoena or otherwise … [t]he source of any published or unpublished information obtained by the person in the course of gathering, receiving or processing information for any medium of communication to the public[.]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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A government is finally taking action against Monsanto, which has a long history of abusive practices involving genetically modified crops.

In this instance, the company stands accused of stealing brinjal (a kind of eggplant) and developing GM varieties in an attempt first of all to extract biodiversity riches from the local populace without compensation, and second, to mislead others about whether they were engaging in GM once they had it. In the past, Monsanto has had a particularly disgusting habit of letting its GM crops contaminate other farmers’ fields, including organic growers, and then suing the victims for using its seed without permission. I am glad to see a government finally going after this corporate bully that plays fast and loose with our food safety.

Lots of bloggers have picked up this story, but it doesn’t seem like the mainstream media have paid attention. I finally located a mainstream media report: an English-language public affairs show on French TV covering India’s lawsuit against Monsanto.

Let’s hope this action is the first of many similar actions of governments protecting their people against these outrages.

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Political advisors spew so much crap about the need to tear down your opponent. Here’s a refreshing case study that proves the opposite is possible.

Congratulations to the newly-elected mayor of Northampton, Massachusetts, David Narkewicz. While his opponent went negative to the point of craziness (even going so far as to attack him for riding a bicycle, with an ad that talked about training wheels as a metaphor for inexperience), Narkewicz stayed positive, focusing on community-building, achieving widely held goals, and his own civic history. He was also deeply issue-focused and very articulate during the numerous debates (more than I can remember for any previous local election, in my 30 years in the area).

As a marketing consultant who has occasionally advised politicians, I have long held the opinion that such a positive campaign could be quite popular. I used this positive focus writing the press releases for the successful first mayoral campaign of a different mayor, who won in 1989 and went on to serve four two-year terms.

And while I predicted that his opponent’s strategy (using the considerable talents of a very good local ad agency), would fail, even I was pleasantly shocked at the margin of victory. Narkewicz took 70 percent of the vote, sweeping every ward, even the traditionally conservative western parts of the city. And he had coattails for progressives in every other contested race, as well as a ballot initiative to keep a land-preservation bill that the right had attacked.

Bravo.

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Today is Election Day in the United States. And something like the 7th week of the Occupy Wall Street/Occupy Everywhere movement that sprung up in September.

A good day to reflect on different social change strategies—as someone who’s done both grassroots and electoral politics.

I began to get involved in grassroots movements in the fall of 1969, shortly before my 13th birthday. I marched to end the war in Vietnam, was arrested at the 1977 Seabrook occupation trying to shift society away from nuclear power and toward safe energy, and organized on a whole raft of social justice, environmental, and human rights issues over the decades. I even founded the grassroots community group that saved a mountain. This activism led directly to my career as a marketing consultant; much of my early work in marketing drew on my experience doing publicity for the grassroots groups, and my move toward green marketing in the last 12 years or so is a natural outgrowth of my need to braid together these two stands of my life: the activist and the entrepreneur.

On the electoral side, I’ve been an active volunteer on numerous campaigns, managed a successful City Council campaign, wrote press releases for a successful mayoral candidate—and ran three times for local office.

Nonviolent Action Brings Down Governments

This year, we’ve once again seen massive evidence of the power of grassroots nonviolent activism to bring down governments. In Tunisia and then Egypt, deeply entrenched autocratic governments were forced out. (Libya, which was more of a civil war, lots of violence on both sides, is a different case.) Historically, this pattern has shown itself countless times, though often taking much longer to achieve victory. A few worth mentioning: India, 1930s-40s; South Africa, 1976-94; Poland, Czech Republic, and much of the former Soviet bloc, 1968-1990. And yes, we have to put the 1979 revolution in Iran in this category, showing that active nonviolence can be used toward authoritarian as well as democratic ends.

And this is important to note: activists have to have a plan for victory, and for safeguarding the democracies we fight so hard to establish. I’m very concerned right now that Egypt’s new government will prove just as authoritarian as Mubarak’s.

Also, we have to note that nonviolent organizing doesn’t always work. American protestors opposing World War I accomplished very little (though the feminists of the same period accomplished quite a bit). Tibet is still deeply repressed by China, more than 50 years into the occupation.

The Occupy Movement and the Broader World of US Social Protest

While the Occupy protests owe much to this long heritage of nonviolent action, the demands on Wall Street are different than the demands of Arab Spring. The 99 percenters are not looking to toss out the Obama government. They are simply calling for economic justice. They’ve been criticized in mainstream media for a lack of a cohesive vision, but in this situation, a simple cry for justice may be enough.

While inspired by Arab Spring, Occupy’s real roots are in the issue campaigns in the US going back at least into the 19th century: labor, civil rights, peace, feminism, LGBT, safe energy, and so forth—and decision-making structures, especially, owe much to Clamshell Alliance and other players in the 1970s safe energy movement. All of these movements can point to massive victories—to cultural changes. The kinds of oppressive behavior that were considered normal a few decades back are no longer socially acceptable.

Yet many other movements like these also failed to make a difference. The more people in the Occupy movement who can take the time to study what worked and didn’t work in social movements, the more likely they are to achieve their goals.

Electoral Politics

If the process of organizing in the streets seems slow, the process of moving change forward by electing progressives seems glacial. For every Franklin Roosevelt or Ronald Reagan who is able to accomplish enormous structural change while in office, there are dozens of Jimmy Carters and Bill Clintons, hamstrung by budgetary constraints, partisan warfare, and their own desire to please everyone (pleasing no one in the process).

I’m not just talking about presidents. Most people enter Congress, or even local political bodies, out of a desire to do good in the world, and are quickly beaten down by the system (or corrupted by the platform it provides to enrich themselves, their financial backers, and their friends). For every fire-and-brimstone Bernie Sanders, there are dozens in office whose names we don’t even know unless we live in their districts—people who are not making much of a difference.

A charismatic figure like Barack Obama can galvanize support and get elected—but then has to either show real progress, fast, in a social structure that moves painfully slowly and is steered by forces outside the victor’s control, or show how the opposition’s intransigence is a roadblock to progress and press for a larger, stronger governing coalition. So far, Obama hasn’t risen to the challenge, though he’s showing signs of moving in that direction. He could still become one of our great presidents—but in failing to act, he risks becoming a one-term nonentity that dashed the hopes of those who voted for change and didn’t receive it.

Occupy Wall Street actually presents Obama a huge opportunity: to embrace the progressive agenda he was elected to advance, to use the anger of the people in the streets to “have his back” as he pushes for real change, and to negate the arguments of Tea Partiers and other right-wing extremists that his minor reforms are “going too fast.” I doubt he’ll seize the moment, but I’d love to be proven wrong.

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This morning, a reporter posted a query on HARO (a free service that matches reporters with story sources) asking,

Were you a protester/activist back in the 1960s? If so, what's
your reaction to the current Wall Street protest and the
off-shoots around the country?

I thought my response was worth sharing with a wider audience:


Hi, Sondra, I went to my first demonstration about the Vietnam war in 1969 and was very active in protests all through the 1970s and beyond. I was arrested at Seabrook in 1977, committed civil disobedience but was not arrested at the Wall Street Acton in 1979, was a peacekeeper for the million-person march for peace in 1982. I probably still attend three to five demonstrations in a typical year, mostly local (Western Massachusetts) –but I did go to massive demos in Washington and NYC to try to keep us out of Iraq in 2002-03. Also, using other methods than street demonstrations, I have been an active organizer for decades. My biggest success was forming a group called Save the Mountain, which generated widespread community support and blocked a particularly horrible housing proposal next to a state park–after all the “experts” said there was nothing we could do.

As it happens, today I’m getting on a bus for an evening conference on sustainability in NYC, and staying over for the night. Tomorrow morning my plan is to go to Wall Street and see how things are going.

As a teenager, I had a poster in my room with a picture of a peace demonstration and the caption, “It is a sin to be silent when it is your duty to protest –Abraham Lincoln”–and I guess that pretty much sums up my feeling.

Obama has been a very weak president, falling short on issue after issue about bringing the “change” he was elected to create. He has given us a slower–and in some cases faster (like drone killings)–version of the “new normal” that developed under the illegal government of George W. Bush. No one has even been indicted for the crimes against the people by the Bush government or by the looters in suits in the financial industry. I believe strongly in the power of nonviolent protest, and am thrilled to see a new generation stepping forward, willing as we were to disrupt their lives in order to make a difference. Street protest is certainly not the only approach, and I believe we need multiple simultaneous nonviolent approaches. The country has gotten so topsy turvy and out of balance that I don’t think Richard Nixon would be tolerated by the Republican Party anymore (he’s probably to the left of Obama, if you watch both men’s actions rather than their words), and even their ‘sainted’ Reagan would be too far left to be nominated today. We desperately need an effective Left in this country, and the Occupy movement is stepping up, even if it has not figured out yet how to articulate its mission and goals.

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Here’s a fascinating article that says the recent debt vote was actually a huge victory for liberals.

I don’t have time to do the fact-checking (I’m actually going on vacation in an hour and a half)—but taking the anonymous author’s claim that the claims have been verified at face value, it’s clearly a better bill than the media has reported, with half the original cuts and triggers to take extras out of right-wing pet programs.

In any case, I support the author’s call for massive voting. The paralyzing focus of the House this term could have easily been avoided by better mobilization of Democrats and progressives in 2010, and it will get much worse if there’s a Republican President and Senate majority next time around. Though I’d still love to see a Left challenge to Obama, whom I’ve been calling the Great Conciliator lately.

Whether this is indeed a victory, or simply less of a loss, is something I’ll leave to your judgment—and I’d love to see a spirited debate on this in the comments section, below.

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For more than 30 years, one of the arguments I’ve made against nuclear power is the chilling effect on our freedom.

Now, it seems that Japan may have passed a law heading down that slippery slope. Or not—I am not so far convinced that the claims are accurate.

A blogger for the UK Progressive put up a rambling, jumbled article claiming that Japan has passed a law giving sweeping powers to shut down bloggers, people who post videos on Youtube, etc. when they’re critical of the government and/or TEPCO.

I did a bit of Googling and found dozens of other blogs basing their story on that same article, which I consider unreliable. But I did find this in the Tokyo Times, which seems to be a genuine news organization that fact-checks and posts corrections. The Tokyo Times article says the Computer Network Monitoring Law was passed on June 17.

It also says that during March and April, even before the law was passed, government agents sent 41

“letters of request” to internet providers, telecom companies, cable TV stations and others to take measures in order to respond to illegal information, including erasing any information from the Internet that can be seen as harmful to morality and public order.

However, this article links back to coverage in the Examiner which again ties back to the original, untrustworthy blog post. I certainly am not going to pore over all 6000 citations to see whether this story is legitimate. But it’s certainly worth keeping an eye on.

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While the GOP lines up to see who can be more crazy and out-of-touch and unintelligent than their competitors, the Left is strangely quiet. Haven’t even heard rumblings of candidacy from Congressman Dennis Kucinich, who has set the bar for leftist challenges in the past two presidential elections.

And this is odd, because Obama has failed the Left, despite being elected on a platform—dare I say a mantra—of “change.”

Yes, he can claim a number of significant accomplishments—one blogger found Obama’s legislative accomplishment rate was an astonishing 96 percent—but on most of the issues that really matter, his record does not inspire:

WAR:

We’re still in Iraq, where five US soldiers lost their lives this week. And we’re way deeper in Afghanistan than we were, with about 100,000 troops on the ground. And we’ve deployed in Pakistan and Libya. The only real move toward peace was Obama’s recent speech on the Israel-Palestine conflict

HEALTHCARE:

All that energy into the pathetic and complicated Obamacare compromise! Not only was single-payer not “on the table,” but even the wimpy public option was taken off the table. What was left?  A gift to the insurance industry and not much else. I want a candidate who will propose a one-sentence health reform bill: “All US citizens and legal residents are eligible for Medicare from birth.” If we need to phase it in, start by moving eligibility to age 55, then 40, then 20, then zero over a period of years.

ENERGY/ECONOMY/ENVIRONMENT

I lump these three together because the solution integrates across the disciplines: A massive, Marshall-plan-style initiative to get OFF fossil and nuclear energy sources in ten to twenty years, replacing them with sources that are both clean and renewable (with special attention to deep conservation that reduces the need for energy by 50 percent or more). We’d use government loans to jumpstart the effort, bring the price of conversions down, and front the money for homeowners, tenants, farmers,  and business owners to get systems in place—with the loans repaid out of the energy savings. This would boost the economy, create hundreds of thousands, maybe even millions of jobs, get people out of poverty, put them back to work, remove our biggest reason for starting wars—and drastically reduce our carbon footprint, all at once!

The candidate who can articulate this vision, who can claim the unfinished mandate that Obama promised and didn’t deliver, has a pretty good shot at galvanizing the American people—if they can be convinced that these changes are actually possible.

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In this Web 2.0 Age of Transparency, being stupid about being criticized is, well, more stupid than it used to be. Word gets around. Fast.

A Seattle organization called Reel Grrls, which teaches teens how to become filmmakers, criticized the revolving-door hiring by Comcast of FCC Commissioner Meredith Attwell Baker. (Lots of other people raised a public eyebrow on this one.)

In a truly idiotic move, Comcast then announced it was yanking $18,000 it had planned to fund Real Grrls’ summer camp to teach filmmaking, editing and screenwriting. Then, when the media got hold of the story and the public squawked, Comcast recanted and said the fund withdrawal was unauthorized.

But then Real Grrls said it didn’t want the money if there were going to be issues about corporate censorship. They’re using Web 2.0 channels, including a fundraising blast from media watchdog FreePress.net, to raise the money from outside  the corporate world.

With 42,600 Google search results for “reel grrls” comcast as of Monday when I’m actually writing this, Comcast’s PR is clearly taking a hit.One it could have avoided completely by not doing something stupid.

Want to help? Here’s the link to donate.

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By Shel Horowitz, GreenAndProfitable.com

Are bloggers really journalists or are they simply ranting without regard for such concepts as “journalistic objectivity”?

Are traditional journalists still able to tap into the pulse of their community beat, or have they been pushed aside by bloggers who are part of the stories they report?

In an age when radio and print journalists go into the field with cameras and post stories online before they ever see a newspaper or a radio studio, does the instant news cycle of events reported on Twitter and other social media pressure traditional journalists to cut out the analysis, sifting, and curating role they’ve often played in the past?

Is the deprofessionalization of news a good thing because it furthers the democratic impulse, or a bad thing because newsroom budgets are being slashed and if we lose professional journalism, we lose one of the most important balances against runaway government and corporate power?

As AOL prepares to swallow Huffington Post, these questions were much discussed at the National Conference on Media Reform, held in Boston in April, 2011. And since I’ve been both a journalist and a blogger, I’m paying attention.

Traditional journalism platforms can convey legitimacy to bloggers who partner with them, and at the same time make the stodgy and distant institution of a mainstream newspaper much more accessible and contemporary.

The Seattle Times, for example, partners with 39 bloggers. Without promoting or even announcing the partnership at all, the paper surveyed its readers about these partnerships, and found that:

  • 84% valued the partnership
  • 78% valued the Times for the connection
  • 52% improved opinion of seattletimes.com

Perhaps most remarkable of all, out of more than 900 responses, 324 wrote long open-ended replies; being heard about these relationships mattered enough to them that they took significant time to sound off.

According to David Cohn of Spot.Us, a site that allows journalists to solicit funding for specific investigative reporting projects, tapping the community can provide resources that couldn’t exist without crowdsourcing. For example, the Guardian, a well-regarded British newspaper with a strong investigative history, divided up the analysis of a large and complex document to 1000 different volunteers, each taking on a single page.

This has obvious efficiencies in analyzing a document that’s too big for normal channels; most journalistic organizations can’t devote a single reporter to something so resource-intensive.

But what could get lost with this wonderful collaborative process is the big picture. I think of Bob Woodward and Carl Bernstein slogging through the evidence that eventually forced Richard Nixon from the presidency of the United States, fitting together the pieces of a complex puzzle. Who can put these pieces together in the crowdsourced model?

And what happens to the world of journalism when the journalists performing primary research see their funding wither away, and thus no longer provide the raw material that bloggers often depend on for their reportage?

One answer may be provided by the New England Center for Investigative Reporting, https://necir-bu.org. Under the auspices of Boston University and fueled largely by free student labor, the center claims to be the only New England news organization with an ongoing commitment to investigative reporting outside of the Boston Globe’s Spotlight Team. The institute promises its paid subscribers at least one new investigative news story every month, and also raises revenue with a certificate program in investigative journalism, aimed largely at training bloggers.

But not every journalism resource has the luxury of an unpaid labor force. When newsrooms cut back on both salaries and investigative resources in favor of cheaper infotainment like reality TV, how will we get our news?

 

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