Tuesday, October 6, 2009

Bloggers Beware?

David Caines-
In talking to several folks in the area before joining the blog a lot of talk circled around the "freedom" of blogging over print media. Well I like to do my research and in doing so have found out that serious efforts on mostly a federal level have been being made to hold Bloggers to print press standards.
Honestly I'm not even sure that I disagree, but I am glad I did my research. Bloggers have been jailed, found guilty of slander...one particular award that sticks in my mind is an award against a blogger in the amount of 1.8 million dollars.
In truth I don't think this will be a real issue for most of us, we are adult peaceable folk. But as I've said I am glad I did my research before posting a comment in response to one by Terrence made on my first post. In it I talk a bit about our local slumlord, though thanks to doing some checking I didn't name him and possibly set myself up for a slander/libel possibility.
One of the big issues in the greater blogging comunity seems to be the establishment of a "Blogger code of ethics" probably not far from that required of print media. Those wishing to voice an opinion on this issue can start by going to http://www.responsibilityproject.com/blog/post/
and otherwise just stick "Blog" or "Blogging" into any national news paper 's search field (I'm an NYTimes guy myself). And please, don't shoot the messenger...this is just what I found out doing basic research on the subject and thought it might have some value to all.
Thanks,
David Caines

6 comments:

noel jones said...

Yes, I am particularly proud of how civil both administrators and commenters on Neighbors of Easton have been, in contrast to other blogs, and hope the trend will continue. No one should be hurling personal insults, or harming anyone's reputation with assertions that are not based in provable fact.

Everyone should also know that there is nothing risky about criticizing public officials or engaging in a healthy debate with them, as when someone takes the job of a public servant, they have to answer to the people they serve. Even so, everyone should continue to be respectful and not accuse anyone publicly of anything they cannot back up either with published information or personal experience.

Everyone has been doing great so far, so keep it up and enjoy the debate!

David Caines said...

Well, This is not the horror of horror that it might at first seem. Bloggers are rarely sued, and awadrs are rarely won against them. Blogging is not the print media exactly, though similarities exist. Commentors in particular are somewhat divorced from liability under law assuming of course that the comment is posted as "My opinion".
I have long been and always will be a strong supporter of the first amendment, but freedom of speech does not mean speak unresponably.
The old "don't yell fire in a crowded theater unless there is one." theory.
Unlike a lot of folk, I have been an actor in a few constitutional challenges. But, I go with a lawyer, I expect to get arrested and I know the process.
To be blunt, just make a distinction between "fact" and "opinion" and you're fine.
One point of exception...public officials-
As I'm sure mayor Panto and the gods know Bill Clinton will tell you, public officials lose certain rights and distinctions. If I want to say that I've met Sal, and it's my opinion that he is a nazi, a snake person, gay, jewish, and an alien...well sorry Sal...but suck it up. Though in truth I think Sal is human, personable and to be truthful to the best of his abilty filling the role he believes he was elected to fill, even thoug I disagree with him on many points. He's okay, but not my cup of tea...still for all that they may gain from public office the sacrifices are huge. If Terrence wants to say Sal is creating a police state well Sal knows that he can argue...but in the end he has to suck it up...it doesn't exactly stink to be Sal...bu that is one of the reasons I've never run for public office.
Everything in life has its price, and that is one I'm not willing to pay.
The Obamma example-
If Pres Obama sued every rag that printed horrible stuff about him, we wouldn't be able to move forward as a country for years to come. The courts would be so clogged that we'd never be able to prosecute another arrest...but he knew this when he ran up his flag.
A point-
Free speech, should never mean irresponsible speech. One cannot assert as fact, something that simply is not true/ provable to the detriment of another, period-at least without expecting consequences..even public officials do have some rights..though far less than the rest of us.
I can say for example that I feel that CPt Vangello is a blankety blank blank blank.. but if I say that I witnessed him taking bribes (which I never have-don't even know the man-never met him.) I'd better be ready to prove it.
This is of course the catch 22 of freedom, I may see a man walking down the strret with a half dozen severed heads in one hand and a bloody machette in the other...but the assumption of innocence tells me that maybe he just found that stuff and is brining it to the coppers..while my reasonable brain tells me get the gun this guys on a killing spree...
The point and purpose of my post was simply to let us all know that while this is simply a blog...reason and responsibilty must still rieghn supreme.
In my experience of this blog-there is no one at risk here. But let common sense prevail. Freedom without responsibility is not freedom nor democracy...but anachy...and it's all fun and games until we are the one on the point of the knife.
Bloggers throughout the world still carry on as we must, but we must all do so within the bounds of truth and without harm.
Also, the chances of getting sued are slim, Bogging is within reason still the wild west. Legal action is rare and generally repulsed.On a par with winning the pick 4....
Ignorance, is only bliss until the police knock on your door...knowlede however is power. Blog responasably.
Thanks,
David and Jeanette Caines.
P.S...my appologies to my examples.

hopeunseen said...

David,

No apologies needed. The pen is often the last resort for people who have tried unsuccessfully to provoke change through the 'system.' It is one of the few powers we have left.

In contrast to the exchanges between our founding fathers debating over loyalty or revolution, the word parry on this blog is for rank armatures.

Commenter’s, particularly those in official capacities who walk away because they have no control over the content or opinons would probably get a pretty good 'Man up!' from the likes of bull-headed patriots like Patrick Henry who were tired of tyranny, taxes and the inability to exercise any power within the established government.

If the dialogue that is cultivated hurts feelings and at times is harsh yet intended to address and heal issues of civil importance then so be it—passionate posts and comments, perhaps reckless at times, are echoed by the greats like St. Paul, Ghandi and Biko all who penned biting, controversial words out of their passion for justice, truth and the voiceless—and they were all men of peace who paid the highest price for their opinions.

Our posts should be in the spirit of change and celebration. Tim's post tickled me and reminded me of the value of the West Ward. Your post reinforces the value of open debate, measured with reason and truth and salted with the willingess to hear out those in opposition.

Terrence Miller

Nikkita said...

Thank you for your research on the topic of blogging. Sometimes we can become so disconnected from "reality" when in the internet world that we can sometimes forget that our words have power to either build up or destroy.

We should always be on the quest for knowledge and truth but at the same time be mindful of how we may be portraying the truth....because depending on how the messenger relays the message can sometimes determine how affective it will be. The truth does no good if you end up alienating everyone because of how you reveiled it...

Thanks again for sharing! :)

David Caines said...

Hi Nikita,
Thanks...I see where I might have been amis and do appologize. It was never my intention to offend or alienate. I may not share a persons opinion, but I will fight to the death for thier right to hold it. Through discourse all things are possible. Enforced silence only brings rage, resentment and sometimes violence. I think it better to hear a person and support thier rights even if maybe I'd rather hang myself then listen to hate and such.
Thankfuly we don't have such issues on this blog, but hopefuly we all agree that when we limit the rights of one we limit the rights of all.
As a supporter of the second amendendment I may not want the loud angry guy next door to be able to exercise it, but I know from experience that if I deny him his rights I may well be denying myself my own. There is a tit-for -tat implied in our consitution that thankfuly I think most of us here get.
If and I say if, my message went over badly, that was not my intent. I simply wanted us all to know that this internet world is in it's way still the real world, and to caution us against slips of the tongue.
As a martial arts instructor of 36 years or so, I have lost a bunch of students through a practice of mine that is a bit irregular. I sit prospective students down and we go over the use of force laws for the state that we are in...I lose about nine in ten, but I won't teach a student to defend themselves simply to have them break the law and become a criminal through ignorance. Believe me, when I'm on line at wall-mart and buying hamburger instead of steak I have thought that policy through many, many times. And yet when a student stands in front of me I just can't help myself...I picture the worst things, them losing thier home, thier freedoms...etc...sometimes hamburger is good enough. Sometimes it has to be. When I posted I had to ask myself if in this case ignorance should be bliss? Well, it never is at least not long term. If my examples offended, I do appologize...that was not the intent. Still if no one is sued tommorow I at least will sleep in peace.
Thanks Nikkita, look forward to seeing you again.
David

Nikkita said...

Hi David,

I understood where you were coming from and was not at all offended. I don't normally get offended too easily so no worries.

I agree,people should know what they are getting into before a potential problem arises. Knowledge is power!! Ignorance is bliss but less and less people tolerate the "I didn't know" excuse