Now a member of Media Bloggers Association

As noted in this announcement, Media Bloggers Association Welcomes New Members, I am now a member.

Maine blogger faces lawsuit

From today's Boston Globe:

"A coastal Maine blogger who criticized the state's tourism office has been hit with a lawsuit seeking potentially more than $1 million in damages for allegedly making false statements and posting on his website, Maine Web Report, images from proposed tourism advertisements a New York agency prepared for Maine officials.

"The case raises the issue of how free speech protection will be applied in the proliferating world of weblogs, or blogs, and underscores the growing influence of bloggers on business and government."

The blogger, Lance Dutson, has more on this as well as a list of other blogs that have written about the case.

Shield law fails to protect NY Post

In a $40 million defamation case, a New York judge has granted former New York Knick Latrell Sprewell's motion to preclude the New York Post from relying on confidential sources in its motion for summary judgment and consequently denied the motion in part, according to a report in the New York Law Journal. Manhattan Supreme Court Justice Marcy S. Friedman wrote:

"The identity of the confidential sources is ... clearly material to this action as it bears directly on the issue of malice -- specifically, whether the confidential eyewitnesses were reliable sources for the articles or whether defendants' reliance upon them showed a reckless disregard for the truth. This court [finds] that defendants have put the [Shield Law's] privilege in issue, and that they may not rely on the confidential sources in support of their showing on their summary judgment motion that they did not act with malice."

Sprewell claims that the paper damaged his reputation by reporting that he had fractured his hand swinging at someone during a party on his boat. The newspaper invoked the state shield law in refusing to identify its source. To this, the judge replied:

"[W]hile the Shield Law exempts professional journalists from contempt for refusal to disclose confidential sources, 'the Legislature has never established an absolute right or granted journalists complete immunity from all legal consequences of refusing to disclose evidence relating to a news source.'"

The ruling means that the case may now proceed to trial.

Podcast: Report from ABA Techshow

This week's Coast to Coast podcast comes live from ABA Techshow. We interview Tom Mighell, blogger and member of the Techshow planning board, and David Snow, legal technology editor for Law.com.

Coast to Coast is the weekly legal affairs podcast cohosted by J. Craig Williams and me and produced by the Legal Talk Network. An archive of all past shows is available here. All shows are available to listen to in Windows Media format or to download in MP3 format. The show's RSS feed is available here.

• Download or listen to this week's show here.

Law firm ruled public figure in defamation suit

A New York judge has ruled that a politically connected Long Island law firm is a public figure and must meet the actual malice standard in a defamation suit against a legislator who publicly accued the firm of over-billing and trying to cover up misconduct, Law.com reports. The judge noted that even though well-known lawyers representing famous clients are not generally held to be public figures, she found this firm to meet the standard because of its lawyers' prominence in local public affairs and steps the firm had taken to draw public attention to itself.

Podcast: Creating strong law firm Web sites

On the legal-affairs podcast Coast to Coast this week, we discuss the elements of an effective law firm Web site. Joining us are three of the nation's top experts in law firm Web sites:

• Tim Stanley, CEO of the legal Web site company Justia.com and former CEO and co-founder of FindLaw.
• Pete Boyd, Florida attorney and president of PaperStreet Web design for attorneys.
• Dennis Kennedy, lawyer and legal technology innovator.
  

Coast to Coast is the weekly legal news podcast cohosted by J. Craig Williams and me and produced by the Legal Talk Network. An archive of all past shows is available here. All shows are available to listen to in Windows Media format or to download in MP3 format. The show's RSS feed is available here.

• Download or listen to this week's show here.

Podcast examines plight of public defenders

In Missouri, public defenders earn a starting salary of $37,800 but were expected to handle an average of 298 cases each last year. Throughout the United States, public defenders are in similar circumstances, earning low salaries, carrying heavy caseloads and handling some of the toughest cases our legal system sees. What dedication drives them to do it. What can be done to improve their pay and working conditions?

On this week's Coast to Coast, we discuss the plight of public defenders. Our guests for the program are:

• Greg Apt, a public defender in Los Angeles County for 11 years.
• Josh Hanye, a second-year public defender in the Boston Trial Unit of the Massachusettts Committee for Public Counsel Services.
• Robert Spangenberg, president of the Spangenberg Group, a nationally recognized research and consulting firm specializing in improving justice programs.
  

Coast to Coast is the weekly legal news podcast cohosted by J. Craig Williams and me and produced by the Legal Talk Network. An archive of all past shows is available here. All shows are available to listen to in Windows Media format or to download in MP3 format. The show's RSS feed is available here.

• Download or listen to this show here.

Idaho Supreme Court says legislature may close meetings

From Media Law Prof Blog:

"The Idaho Supreme Court has affirmed a lower court decision that the Senate and House may close legislative committee meetings to the public. The Idaho Press Club had requested a declaratory judgment that closing such meetings violated Article III, section 12 of the Idaho Constitution."

S.D. case brings call for shield law

In South Dakota, a recent court order forcing a student newspaper to turn over unpublished photographs is fueling support for federal and state shield law efforts, the Argus Leader reports. South Dakota is among the minority of states that has no shield law and is also without substantial case law defining the scope of journalists privilege, the article says.

Shield bill advances in Connecticut

In Connecticut this week, the legislature's Judiciary Committee approved a bill that would shield reporters from revealing confidential sources, the Journal Inquirer reported. The bill now heads to the full House of Representatives.

High court refuses to stop anthrax libel suit

The Supreme Court yesterday declined to stop a defamation suit against The New York Times brought by Dr. Steven Hatfill, the scientist labeled a "person of interest" in the 2001 anthrax-laced letters which killed five people, The Reporters Committee for Freedom of the Press reports.

"The Times had appealed to the Supreme Court to throw out the case before pre-trial collection of evidence begins because it claimed that the stories could not reasonably have accused Hatfill of being the anthrax mailer. By refusing to hear the case, the Supreme Court allows Hatfill's libel case to continue to trial."

FEC exempts blogs from political limits

The Federal Election Commission yesterday, by a 6-0 vote, effectively granted media exemptions to bloggers that allow them to praise and criticize politicians in the same manner as newspapers can without fear of federal interference, The Washington Post reports.

"The rules 'totally exempt individuals who engage in political activity on the Internet from the restrictions of the campaign finance laws. The exemption for individual Internet activity in the final rules is categorical and unqualified,' said FEC Chairman Michael E. Toner. The regulation 'protects Internet activities by individuals in all forms, including e-mailing, linking, blogging, or hosting a Web site,' he said."

The document containing the FEC's final rules and their justification is here. Additional revisions and amendments are in this document.

Podcast: Gender gap in the legal profession

Our legal news podcast Coast to Coast this week looks at the gender gap in the legal profession. Joining us to discuss this issue are:

• Lauren Stiller Rikleen, senior partner at Bowditch & Dewey and author of the just-published book, Ending the Gauntlet: Removing Barriers to Women’s Success in the Law.
• New England School of Law Professor Ronald Chester, author of the award-winning book, Unequal Access: Women Lawyers in a Changing America.
• Mary Musette Stewart, president of the Central Florida Association for Women Lawyers, devoted to promoting the advancement of women in the legal profession.
  

Coast to Coast is the weekly legal news podcast cohosted by J. Craig Williams and me and produced by the Legal Talk Network. An archive of all past shows is available here. All shows are available to listen to in Windows Media format or to download in MP3 format. The show's RSS feed is available here.

• Download or listen to this show here.

Sunshine Week coverage continues in Mass.

More of Sunshine Week coverage by Massachusetts newspapers:

• Berkshire Eagle: Age of terror ushers in age of D.C. secrecy
• Berkshire Eagle: Helpful Web sites to access public information
• Berkshire Eagle: How to file an FOIA request
• Berkshire Eagle: Clouds over Sunshine Week
• Berkshire Eagle: Town's mea culpa falls short
• Berkshire Eagle: Records law gives access
• North Adams Transcript: Overhaul the state's open meeting law
• North Adams Transcript: Open meeting law poised for change
• The Daily Item: State rep. seeks Open Meeting Law reform
• The Republican: Proposed bill expands open meeting law
• The Republican: Citizens demand open records
• The Republican: Publishers push state 'shield law'
• The Republican: Getting data often a long, slow process
• The Republican: Records crucial to terror probe
• Worcester Telegram: New open meeting bill widens violator penalties
• Lowell Sun: Legislation would overhaul state's Open Meeting Law
• Daily News Tribune: Officials have open door when it comes to public records
• Metrowest Daily News: Reporters seek shield law
• Cape Cod Times: Constitutional freedom debate in constant flux

See also:

• More of Sunshine Week coverage in Mass.
• Sunshine Week coverage in Mass.

Folo: Court OKs search of paper's hard drives

I wrote last week about the Pennsylvania Supreme Court's ruling allowing prosecutors to search a newspaper's hard drives. Editor & Publisher has more on the search and reactions to it:

"The decision has alarmed free-press advocates as word of the seizure spreads. 'This is horrifying, an editor's worst nightmare,' Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press, told the Philadelphia Inquirer. 'For the government to actually physically have those hard drives from a newsroom is amazing. I'm just flabbergasted to hear of this.'"

Few Mass. cities post key records online

Only 23 of the 351 municipalities in Massachusetts post six essential public records on their Web sites, a survey by the Massachusetts Campaign for Open Government revealed this week. The survey examined the Internet presence of all Massachusetts cities and towns in during February and March. It found that of the 308 municipalities that have some presence on the Internet, just 23 post six essential public records: the governing body’s agenda; the governing body’s minutes; fiscal year 2006 budget information; the municipality’s bylaws, code or ordinances; and, if applicable, town meeting warrant and town meeting results.

Mass. bill would reform open meeting law

Massachusetts state Rep. Antonio F.D. Cabral (D-New Bedford), chairman of the Joint Committee on State Administration and Regulatory Oversight, yesterday unveiled major legislation to reform Massachusetts' open meeting law. "Today, in an age of government spying, secret wiretapping and increasing government secrecy, we must renew our commitment to openness," Rep Cabral said.

The legislation is based on a package of bills proposed by the Massachusetts Newspaper Publishers Association, of which I am executive director.

The reform legislation has five main initiatives:

• It would strengthen the language of the open meeting law to include current communication technology. Real-time electronic communication between government bodies would be subject to the same rules as meetings held in person.
• It would create an Open Meeting Law Board to oversee complaints and violations of the open meeting law and oversee a new Office of Government Accountability, housed in the Office of the Attorney General, to provide increased resources to investigating violations.
• For the first time in this state, it would impose civil fines on individual members of boards who violate the law and allow citizens to recover attorneys' fees in actions to enforce the law.
• Boards subject to the open meeting law would be required to post meeting agendas as part of required meeting notices.
• It would close some exceptions to the current law which allow for closed executive sessions.
  

The bill, based on legislation filed last year by the MNPA, has not been assigned a number.

More of Sunshine Week coverage in Mass.

More Sunshine Week coverage from Massachusetts newspapers:

• The Republican: The hard fight for freedom of information
• Metrowest Daily News: Open Meeting Law changes eyed
• Boston Herald: State public records chief vents 'frustration' with AG
• Berkshire Eagle: Records keeper opens up
• Metrowest Daily News: Public records czar wants more power
• The Republican: Police finalist list kept secret
• The Recorder: Newspapers want to put teeth into Massachusetts’ open meeting law
• Standard-Times: Our View: Sunshine Needed in Marion
• Cape Cod Times: Open Documents Force Government to Come Clean
• Cape Cod Times: Bill would fine individuals for violating open meeting law
• Cape Cod Times: Government Slows Actions on Public Records Requests
• Lowell Sun: Creeping Secrecy
• Eagle-Tribune: Everyone has a stake in fight for open meetings and records
• Eagle-Tribune (corrected link): Democracy works best when the sun shines on machinery of government

See also: Sunshine Week coverage in Mass.

Texas tries again for shield law

From AP via the Laredo Morning Times:

"AUSTIN - Texas media organizations are planning to again work for passage of a law protecting news reporters from having to disclose secret sources and other information in court.

"That legislation, known as a shield law, failed in the state's 2005 legislative session amid opposition from district attorneys. But news industry groups will push a similar measure in the 2007 session."

Sunshine Week coverage in Mass.

Today marks the start of Sunshine Week and several Massachusetts newspapers marked the day with reporting and opinion:

• Berkshire Eagle: Openness begins at local level
• The Patriot Ledger: Local Violations: Not so open meetings
• Sentinel & Enterprise: Open Meeting Law may get a modern makeover
• Patriot Ledger: Sh-sh-sh: Towns keeping secrets from you
• Metrowest Daily News: Reporters seek shield law
• The Republican: Public access falters
• The Republican: Sunlight continues to be the best disinfectant
• Telegram & Gazette: Open Meeting Law Challenged by New Technologies
• Eagle-Tribune: Democracy Works Best When Sun Shines on Machinery of Government
• Cape Cod Times: Requesting public records?
• Cape Cod Times: Study: Secrecy Trend Sweeps Nation
• Cape Cod Times: Q&A with Tom Curley, AP president
• Lowell Sun: We know more about Bart than about our rights. Is that right?
• Lowell Sun: Let the Sunshine In.