This Is our Village

Saturday, February 27, 2010

PUBLICATION GUIDELINES

BLOGGERS RIGHTS

Hi All,
"You will find that there are several rights that you have as a blogger. It is important that you make yourself aware of these rights. As a blogger, you are protected by the 1st Amendment. On the other hand, along with your blogger’s rights come certain constraints. These come into play in order to give you your blogger’s rights, while also protecting those that are going to consume the expressive content you put out. As a blogger, you should be confident in knowing that your blogger’s rights constitute as the same rights that journalists are entitled to. Your blogger’s rights are going to afford you the opportunity to express yourself in ways that are only limited to your imagination.

One of the very important blogger’s rights that you are entitled to is the right to your Freedom of Speech. These means that your blogger’s rights give you the opportunity to use the on-line medium to post your feelings about those topics that speak to your heart."

Nevertheless, in doing so, you must do so in a responsible manner. In the meantime, you are also held accountable for not only your posted comments, but also for the posted comments that you choose to feature from your guests. You are therefore told to label the level of tolerance that you are going to uphold for offensive comments. It maybe advisable to err on the side of caution when in doubt. You will find that this aids in that process.

I have been asked to 'sit in' on the meeting of the Editorial Committee held on March 5th at 1pm in the UCO Office. A retraction of an article containing self help measures for Associations (Page #3, center column,re: SB780, 2nd paragraph) constitutes the publishing of a legal opinion by a non-attorney and also happens to be 'bad law' (as per our attorney). You may want to read it so you know "what you can't do". I have a lot of research to do on the issues of defamation, libel, disclaimers, etc., and the publication of misleading information (even if the inference is that it is opinion only). Should be an interesting and fruitful endeavor and will keep you posted since it speaks to the need to establish 'Publication Guidelines'.
In the meantime, we may want to take greater care in our postings, even if we believe in our heart of hearts that the post is truthful and warranted.

The cries of censorship must be properly balanced with the legal consequences of failing to do so.

2 comments:

  1. Randall you’re a dear fellow so please don’t disappoint me by showing such hypocrisy.
    It’s particularly unworthy of you, to base ‘your’ interpretation of ‘legal opinions’ on some article or other and then use it admonish the blog administration with consequential innuendos, especially when you claim not to be taking sides.
    However since you raised the issue please correct me if I’m wrong but:
    Did you, for instance, protest at the media being denied entry to the village without George Loewenstein's expressed permission?
    The press and others had to go to enormous lengths to finally hear what our residents had to say about 1st Priority, yet the resulting broadcast was fair and gave both sides of the story.
    Did you, for instance, protest at the mysterious disappearance of Frank Cornishs' column or the publication, of Dan Gladstone’s totally outrageous ‘Declaration of War’ with its ‘libelous, by implication’ allegations?
    Did you, for instance, point out to the UCO Reporter Staff all the other ‘libelous comments’ it allowed into print in it’s last issue?
    I’m afraid you have promoted me to ask how you intend to deal with the problem of non attorney comments at the ‘editorial meeting you have been asked to sit in on’ when you have been known to give out the odd unauthorized legal opinion?
    Did you, for instance inform Machiavellian, Dan Gladstone that his ‘propaganda’ distributed yesterday was not only maliciously libelous in the extreme but gratuitously accused Jean Dowling and Bob Marshal of being little more than thugs, when the only crime they are apparently guilty of is their support of Dave Israel.
    Take note Randall the blog, unlike the UCO Reporter, is open to all.
    Why, even Howie, the butcher, was allowed the freedom to repeatedly embarrass himself.

    Dave Israel has invited all the other candidates to post, the fact that they choose not to do so nor, answer their critics is their problem not his.
    Perhaps its time they did, instead of deflecting from the real issue with cries of yellow journalism and tabloid press.
    I really don’t want to have to give you a stern lecture on Media Law that, I suspect I probably understand slightly better than you so to put it briefly “Truth is absolute defense”.
    Alas, there are a few people out there, only too willing to be used and exploited. Please don’t fall into their ranks you are far too nice a guy.

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  2. Dear Sue,

    Thank you for your opinion of me as a "dear fellow" and "far too nice a guy". I have not always agreed with your methods of bringing the truth into the sunshine, but I have to agree with your generous characterization of me.
    Now, let's examine your claim that I am guilty of "showing hypocrisy". My only appropriate recourse was to devote a lengthy period of time to some serious self examination. I needed to be truthful with myself and to understand if in fact my recent posts were inconsistent with my character, beliefs, etc., and if I was taking sides by admonishing one party (my fellow Bloggers), when in fact such mudslinging is clearly being promoted by the other side as well.
    From the outset, I confess that I am guilty of having read a few articles on the legal liabilities associated with publishing defamatory materials (truthful or otherwise) and then, offering an opinion on such subject, which I am certainly unqualified to do so. The truth be told, there is actually no specialized field whatsoever that I am legally qualified to advise on.
    The facts being what they are, I try my best to help others with their condo issues, but must tread with great caution, constantly recognizing my limitations.
    I apologize to all for taking the lead in trying to make peace in the midst of the present conundrum which has been created.
    Thank you Sue for properly putting me in my place and doing so with occasional kind words. I learn from every experience, and this one will certainly be no exception.

    Respectfully,
    Randall

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