Feb
12
Posted on 02-12-2008 at 10:00am
Bloggers beware
Filed Under (Crime, Government & Politics) by Jim Voorhies on 02-12-2008

Newscoma has linked to an article in the Commercial Appeal that is important to political bloggers. There’s a line that’s being drawn in the legal sand and we may be on the wrong side of the line. The question at the heart of the matter is whether a blogger should be considered a journalist. Journalists are protected from having to release the names of their sources. Bloggers may not be considered journalists, depending on how this case works itself out, and thus may not be protected.

Someone leaked something to a blogger, Thaddeus Matthews, and the police want to know what and who. Matthews has been following the case of Dexter Cox, an 18 year-old, who is charged with the killing of police officer Edward Vidulich. Memphis police believe Cox was a brutal killer who targeted Vidulich. Matthews has uncovered evidence that there’s more to the story. Matthews believes it’s a tangled web of sex, extortion gone bad, police lying about Cox and covering up for each other.

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Comments

Christian on 12 February, 2008 at 11:46 am #

I’m not sure if this has any implications for political bloggers. The only reason a judge would entertain ruling whether Matthews is or is not a journalist is if the claim legitimately poses a legal question as to whether the information he obtained would be protected under such claim. Even journalists with information about an ongoing murder investigation know better than claim their rights to protect sources.


democommie on 12 February, 2008 at 12:13 pm #

Unless Mr. Matthews is contemplating selling his story down the road, he should make sure to make enough copies of whatever info he has so that the state (TBI?), FBI and US Attorney all get the information if the cops get it.


Glen Dean on 12 February, 2008 at 12:54 pm #

I’ve read Matthews on occasion. That guy’s a trip.


Jerry Horne on 12 February, 2008 at 1:21 pm #

The guy has nothing to worry about. It’s like this , having learned it from Vanderbilt’s own legal eagles. The law belongs to who ever has the most balls. Not the biggest , just the most. Today , lawsuits are decided on the ability of one side to take the law unto themselves while denying it to the other side. So , don’t worry about some stupid law. Just show your balls and you win.


Jim Voorhies on 12 February, 2008 at 1:36 pm #

Wow, all these years and I guess I’ve been showing the wrong side…


Christian on 12 February, 2008 at 3:11 pm #

While it likely doesn’t matter in this case, bloggers are journalists, according to Tennessee’s Media Sheild Law.

24-1-208. Persons gathering information for publication or broadcast — Disclosure. —

(a) A person engaged in gathering information for publication or broadcast connected with or employed by the news media or press, or who is independently engaged in gathering information for publication or broadcast, shall not be required by a court, a grand jury, the general assembly, or any administrative body, to disclose before the general assembly or any Tennessee court, grand jury, agency, department, or commission any information or the source of any information procured for publication or broadcast.


Christian on 12 February, 2008 at 3:15 pm #

Unless Matthews shows a compelling reason for applying Tennessee’s Media Sheild Law, whether or not he is a journalist is irrelevant. The sheild applies is:

(C) The person has demonstrated a compelling and overriding public interest of the people of the state of Tennessee in the information.

Protecting the source of information in a murder investigation is not compelling, in my personal opinion. Protecting source in whistleblowing, government sources sharing public information, etc, is compelling and determining whether Matthews is or isn’t a journalist would then be relevant.


Christian on 12 February, 2008 at 3:16 pm #

Back to mopping the WKRN breakroom floor.


SayUncle » Blogs and Media on 13 February, 2008 at 8:17 am #

[…] People are asking if bloggers are journalists. I ask: does it matter? […]