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Dana Dana Blankenhorn has been a business journalist for over 25 years and has covered the online world professionally since 1985. He founded the "Interactive Age Daily" for CMP Media, and has written for the Chicago Tribune, Advertising Age, and dozens of other publications over the years.
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Moore’s Law defines the history of technology. It held that the number of circuits etched on a given piece of silicon could double every 18 months as far as its author, Intel co-founder Gordon Moore, could see. Moore’s Law has spawned constant revolutions since then, not just in computing but in communications, in science, in a host of areas. Moore’s Law applies to radios, and to optical fiber, but there are some areas where it doesn’t apply. In this blog we’ll take a daily look at new implications of Moore’s Law in real time, as it rolls forward to create our future.
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March 28, 2005

Editorial Licensing

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Posted by Dana Blankenhorn

Photo-los-angeles-times-building-post-bombing.jpg

At the heart of the First Amendment is the idea that you don't need a license to do journalism. (Take a close look at the Wikipedia picture -- there will be a test later.)

Now, in the name of fighting competition from a new technology, some journalists are calling for just such a license.

The bleating is seen best in today's column by David Shaw of the LA Times. Shaw feels that privileges his industry worked hard to create will be threatened if bloggers can avail themselves of the same protections.

I hope I'm getting the best of his argument in the following quote:

When I or virtually any other mainstream journalist writes something, it goes through several filters before the reader sees it. At least four experienced Times editors will have examined this column, for example. They will have checked it for accuracy, fairness, grammar, taste and libel, among other things.

If I'm careless — if I am guilty of what the courts call a "reckless disregard for the truth" — The Times could be sued for libel … and could lose a lot of money. With that thought — as well as our own personal and professional commitments to accuracy and fairness — very much in mind, I and my editors all try hard to be sure that what appears in the paper is just that, accurate and fair.

As a student of history, might I remind Mr. Shaw of his own newspaper's history? Under Harry Otis and his son-in-law, Harry Chandler, The Los Angeles Times, used its power for decades in order to stifle political dissent, to steal water from northern California, to break unions, and to maintain power for a right-wing elite.

The picture, you should know, is of the climax in this war between Chandler power and the people. Two union members, frustrated by the Otis-Chandler monopoly, bombed the place in 1910. The result was that unions, liberalism, and the power of the people was set back by many generations in southern California.

David Shaw would return us to those days. He would have the minions of today's Chandlers protected, while those who dare criticize this power could be stamped out by the law because they were "bloggers," not "journalists."

David Shaw's arguments are self-serving attempts to put legal protection behind competitive barriers. They fail not only on First Amendment grounds, but on anti-trust grounds.

It's sad that such stupidity is able to gain employment, while others with more intelligence sit outside.

But that's the newspaper business for you. My point is that has always been the newspaper business.

And the cure for such arrogance is not a bomb. It's competition.

Competition which blogging software, and the people who use it, can provide.

Comments (2) + TrackBacks (0) | Category: History | Journalism | Politics | blogging | law


COMMENTS

1. Jesse Kopelman on March 30, 2005 12:34 PM writes...

What privileges did the commercial journalism industry create anyway? The idea of freedom of the press predates commercial journalism by centuries and was meant to protect people like today's bloggers, not todays multinational journalism corporations.

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2. Alex in Los Angeles on March 30, 2005 06:00 PM writes...

I think a commenter on Dan Gillmore's post:
http://dangillmor.typepad.com/dan_gillmor_on_grassroots/2005/03/the_gathering_s.html

said it best when quoted the below:
**************
In the recent Judith Miller (.PDF) ruling by the DC Court of Appeals the court cited lots of Supreme Court precedents that indicate bloggers have First Amendment protections. E.g. In Sentelle's concurring opinion (p.6):

The Supreme Court itself in Branzburg noted the difficult and vexing nature of this question, observing that applying such privilege would make it

necessary to define those categories of newsmen who qualify for the privilege, a questionable procedure in light of the traditional doctrine that liberty of the press is the right of the lonely pamphleteer who uses carbon paper or a mimeograph just as much as of the large metropolitan publisher who utilizes the latest photocomposition methods.

408 U.S. at 704. The Supreme Court went on to observe that “freedom of the press is a ‘fundamental personal right . . . not confined to newspapers and periodicals. It necessarily embraces pamphlets and leaflets . . . . The press in its historic connotation comprehends every sort of publication which affords a vehicle of information and opinion.’”
****************

Why don't people fight to protect the freedom's they already have instead of cowering at the declarations of the powerful? :(

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