Palin Threats To News Organizations Seem Misguided

from the why-would-you-do-that dept

I'm hoping the comments here don't turn into a political snowball fight that does no one any good. Personally, I don't care much about "politics" or political parties, and there are few things I could care less about than why Sarah Palin resigned from her job as Governor of Alaska. However, what does interest me is the news that apparently her lawyers sent a letter threatening to sue the press for writing anything defamatory about Palin, specifically mentioning some of the speculation found on various blogs about why she suddenly quit. It's difficult to understand the thinking behind sending such a letter. People will speculate -- it's what they do, and it's perfectly legal. Defamation is declaring something that's patently false as fact, and I don't see any mainstream news sources doing that. But, speculating on the reasons why it might have happened isn't defamation. Even worse, as Jay Rosen notes, in sending such a threatening letter, Palin's lawyers have just "legitimized the story." Now the press has even more to cover, in that they can simply report on the legal threat, and explain the "speculative" stories behind it. Pre-threatening the press not to report on some speculation found on blogs seems like a sure-fire way to get coverage of that story you're trying to suppress.

54 Comments | Leave a Comment..

Legal Issues

by Mike Masnick

Mon, Jun 8th 2009 12:58pm

Right To Free Press Doesn't Mean The Press Gets Unfettered Access

from the free-press-means-something-different dept

Late last year, we found it silly that three journalists were suing the NY Police Department, claiming their First Amendment rights were violated because the police refused to give them press passes. As we noted, freedom of the press doesn't mean that anyone has to give those journalists access. If I remember correctly, that case was eventually settled with the journalists being given press passes again, but a similar case in California has gone all the way to a ruling, with the court finding that the First Amendment does not automatically grant journalists access (via Romenesko). In this case, a photojournalist was trying to photograph a car accident scene, and police barred him from the scene and eventually handcuffed him. The judge found that while the press should be allowed to have the same access as the public had, the public isn't granted access to crime scenes, so it's entirely reasonable for the police to order the press away from a crime scene. Of course, there are separate issues here which weren't addressed, including that the police didn't just ask him to leave, but at one point said "You don't need to take these kind of photos." One could make an argument that statements like that could go over the line.

45 Comments | Leave a Comment..

Legal Issues

by Mike Masnick

Mon, Apr 21st 2008 1:34pm

Media Companies Consider Suing MLB Over Reporting Restrictions

from the careful-with-that-antitrust-exemption dept

We've discussed how both Major League Baseball and the National Football League have convinced the press to live with restrictions on how they can report on games online. For rather obvious reasons, this seems troubling. While both are private organizations that can set up the terms by which they hand out press passes, you would think that the media, with its strong belief in a free press, would refuse to go along with any restrictions. The NY Times is now looking into the issue, noting that a big part of the problem is still that the leagues somehow think they "own" sports content. It also points out that part of the problem was in thinking that "video" is only done by television networks who pay tremendous sums for exclusive rights. So the leagues are afraid that reporters with camera phones will put those huge contracts in jeopardy.

However, hidden down towards the end of the article is one interesting tidbit. A bunch of big media companies are actively doing legal research in preparation for bringing these restrictions into court. Specifically, they're interested in targeting Major League Baseball -- which has a special exemption from antitrust law from Congress. The media companies may use these restrictions to suggest that MLB is abusing that right. While it would definitely make for an interesting lawsuit, it's still difficult to see how the activities are, by themselves, illegal. The team gets to decide who it gives out press passes too -- and that's where the restrictions come from. If the media refused to take press passes and reported on the team in other ways (including buying tickets to the game for reporters) then it could report however it wanted -- just with a lot less access. But if all the major media started boycotting the terms of access this way, you can bet that MLB and the NFL would back down quickly.

8 Comments | Leave a Comment..

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Palin Threats To News Organizations Seem Misguided

from the why-would-you-do-that dept

Right To Free Press Doesn't Mean The Press Gets Unfettered Access

from the free-press-means-something-different dept

Media Companies Consider Suing MLB Over Reporting Restrictions

from the careful-with-that-antitrust-exemption dept

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