Lawsuit A Great Example Of Why Bloggers Need Protection Under Sheild Law, Civil Practices & Remedies Code
By Vince Leibowitz on Apr 19, 2007 in 80th Legislature, Notable Court Decisions
A Southeast Texas blogger has been sued for reporting allegations that a Jefferson County justice of the peace was caught in a sex act in his office. Phillip Klein, a private investigator who writes South East Texas Political News, broke the story and was sued this week by Judge John Gillam, III—the subject of the story for libel and slander.
While Klein’s site isn’t technically a blog, it is essentially an online news site, performing many of the same functions of a blog.
Though Klein’s site is definitely Right-leaning and certainly contains statements Capitol Annex does not agree with, what is happening to Klein is a prime example of why Texas bloggers need the protection of any future “shield law” legislation and coverage under the Civil Practices & Remedies Code’s “Privileged Matters” Clause.
As we’ve told you before, even under the best versions of the Pena-Van Arsdale Shield Law bills, bloggers would have to make some fairly significant stretches to claim they are covered under the proposed law.
This, quite simply, is wrong. We bring it up because Klein’s story, according to media reports, cited an anonymous source.
Second, the “privileged matters” clause of the Civil Practices & Remedies Code (which the Fort Worth Star-Telegram has editorialized that bloggers should be covered under) should cover bloggers.
Why? Because it deals with news and opinion coverage of public officials and matters of public concern (when reported fairly and accurately).
That a web-based journalist has been sued for reporting a controversial investigative story is a wake-up call for all Texas bloggers.
As much as I appreciate the service that many bloggers serve in providing information to the public, however they are not in the business of reporting and should therefore not have the same protections as the media. Every citizen has the freedom of speech, and every citizen has the right to seek recourse for things that are said against them. Removing such recourse and due process would be devastating to consumer rights, and also civility.