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Goldy

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Roll Call: “Burner Helping House Liberals Hold Firm”

by Goldy — Monday, 8/31/09, 11:17 am

Isn’t it at least a little ironic that while Dave Reichert may have won a third term in Congress, Darcy Burner is actually having a greater impact on the all important health care reform debate?

An organizer for liberal House Democrats says the bloc “isn’t bluffing” as it prepares to take a reputation-defining stand to protect a public insurance option in the health care overhaul.

Darcy Burner, executive director of the American Progressive Caucus Policy Foundation, said the health care debate has rallied traditionally disparate Congressional liberals to hang together, while galvanizing support for their position from an array of left-leaning outside groups. The result, she said, is that Democratic leaders will not be able to clear a package through the House if it does not include the public plan.

“We have never had the Progressive Caucus organized the way it is right now,” Burner said during a Friday roundtable with Roll Call. “This is not the normal scenario. And Speaker [Nancy] Pelosi [D-Calif.] knows it.”

Not that you’re likely to read anything about Darcy’s efforts in a local press that made up its mind about her early on, and is about as likely to reevaluate her as it is to admit the truth that Reichert did not really catch the Green River Killer.

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It’s all Google’s fault

by Goldy — Monday, 8/31/09, 9:48 am

What a bunch of crybabies:

GOOGLE is a wonderful thing. It is also a dangerous thing, as it keeps demonstrating in its quietly rapacious way.

The latest is from Italy. The Italian newspapers are complaining that Google News Italia is using their content without permission, and without payment. Under Google’s rules, they can withhold their work from Google News Italia only at the price of excluding their pages from all Google searches.

You let us use your work for free, or we don’t let our customers find your Web page.

That is Google’s take-it-or-leave-it deal — in Italy and here, too. Google’s paid minions make this arrangement sound like philanthropy, but its fairness is more apparent to Google than to anyone else. The statements that count most are financial, and what they tell is a story of market dominance.

Google has two-thirds of the market in search — a share more than three times bigger than the No. 2 in the market, Yahoo. In the Bush administration, this seemed to bother regulators only on Wednesdays and Fridays. They blocked Google’s deal with Yahoo, which stopped Google from increasing its dominance. The Bush people did little to deprive Google of the dominance it already had.

The book publishers did get together and sue Google over the theft of their content by Google Book — and, last November, Google agreed to pay them for their property. Maybe the newspaper publishers need to do the same.

Hey Seattle Times, I just used your work for free… why don’t you sue me too? Come on… I dare ya!

First of all, perhaps I missed it, but I don’t ever remember the Times editorializing in favor of breaking up any of hometown Microsoft’s monopolies, and few companies in recent American history have acted more intentionally monopolistic than our neighbors in Redmond. To dismiss Microsoft as “so last century” is to miss the point; the Times had no problem with Microsoft’s monopoly as long as our local economy benefited from it.

But the larger issue here is: quit your whining!

Again with the Google is stealing our business crap; indeed far from it. Google doesn’t steal readers, it drives them to your site, as evidenced by the Times own bullshit “1.4 million people read The Seattle Times newspaper” banner they’ve been plastering at the top of every page. You think the bulk of these individual readers has bookmarked the Times, or intentionally typed in its URL? No, the bulk of them have clicked through links on Google and elsewhere, teased by the exactly the kind of “theft” about which the Times so vociferously complains.

The Times and most of the rest of the newspaper industry isn’t suffering because search engines and bloggers are stealing their content, but because of poor business decisions and an inability/refusal to adapt to changing technologies and tastes. And the quicker they come to terms with this, the quicker they’ll halt, and possibly even start to reverse, the appalling collapse of the local press.

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Why I am a Democrat

by Goldy — Sunday, 8/30/09, 10:29 am

One of the best eulogies for Sen. Ted Kennedy was actually one given a year before he died, by Sarah Vowell in the New York Times:

ON Monday night at the Democratic National Convention, Caroline Kennedy introduced a tribute to her uncle, Senator Edward Kennedy of Massachusetts, by pointing out, “If your child is getting an early boost in life through Head Start or attending a better school or can go to college because a Pell Grant has made it more affordable, Teddy is your senator, too.”

To my surprise, I started to cry. Started to cry like I was watching the last 10 minutes of “Brokeback Mountain” instead of C-SPAN. This was whimpering brought on by simple, spontaneous gratitude.

I paid my way through Montana State University with student loans, a minimum-wage job making sandwiches at a joint called the Pickle Barrel, and — here come the waterworks — Pell Grants. Thanks to Pell Grants, I had to work only 30 hours a week up to my elbows in ham instead of 40.

Ten extra hours a week might sound negligible, but do you know what a determined, junior-Hillary type of hick with a full course load and onion-scented hands can do with the gift of 10 whole hours per week? Not flunk geology, that’s what. Take German every day at 8 a.m. — for fun! Wander into the office of the school paper on a whim and find a calling. I’m convinced that those 10 extra hours a week are the reason I graduated magna cum laude, which I think is Latin for “worst girlfriend in town.”

Twenty years after my first financial aid package came through, I have paid off my college and graduate school loans and I have paid back the federal government in income taxes what it doled out to me in Pell Grants so many, many, many, many times over it’s a wonder I’m not a Republican.

[…] I am a registered Democrat. That first night’s convention speech by Senator Kennedy about his life’s work reminded me what being a Democrat means. I have spent the last eight years so disgusted with the incompetent yahoos of the executive branch that I had forgotten that I believe in one of the core principles of the Democratic Party — that government can be a useful, meaningful and worthwhile force for good in this republic instead of just an embarrassing, torturing, Book of Revelation starter kit.

The emphasis is mine, and it pretty much sums up what I believe to be the major ideological difference between the two parties today: Democrats fundamentally believe in government, while Republicans don’t. And based on the historical evidence, that’s why I’m a Democrat.

It’s a great piece.  Read the whole thing.

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Open thread

by Goldy — Friday, 8/28/09, 10:22 pm

My daughter and I saw Julie & Julia tonight, and amongst other things, it turns out to be a movie about blogging. Who knew? Good movie, awesome performance by Meryl Streep as Julia Child.

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Now that’s one helluva lobbyist

by Goldy — Friday, 8/28/09, 3:47 pm

When my friend Carla at Blue Oregon dared to accuse lobbyist Hasina Squires of feeding negative stories to the press (a skill, by the way, that’s pretty much part of the job description of “lobbyist”), angry trolls swarmed the comment threads, raising the threatening (if silly) specter of defamation. And how did Squires and/or her surrogates ultimately respond to Carla’s charge? Apparently by doing a little op-research on Carla, and attempting to feed a negative story to the press.

Doncha just love the irony?

It’s bullshit of course, but at least one reporter is asking questions; whether  anyone runs the smear—which appears to be a feeble attempt to cost Carla her day job—remains to be seen, and largely depends on how lazy the reporter is, or how in bed with the Salem establishment. We’ll see.

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Carl tags… I’d buy some of those!

by Goldy — Friday, 8/28/09, 12:30 pm

I suppose I could hurl invective at Carl while revoking his posting privileges for daring to contradict me on the front page of my own blog, but… conflict makes for better reading, and I have always given my co-bloggers explicit instructions to write whatever they want. And, apart from the headline, he didn’t really contradict me all that much.

So I thought I’d just take this opportunity to explore the possibility of a Murray for Mayor write-in campaign a little further, while laying out my own take on the candidates and the current state of the campaign.

First of all, my main problem with Mallahan is not really Mallahan himself, but the fact that I’m kinda offended by the very premise of his campaign. No, I don’t think being a corporate executive should disqualify one from office, even here in granola-crunching Seattle, and in fact I do think that his years as a T-Mobile exec make for an impressive bullet point on his resume… but not in and of itself.

This is a man with no recent record of public service, who from his public comments appears not very knowledgeable about the majority of issues facing Seattle, and who has clearly not put much thought into the challenges of running city government, at least not prior to throwing his hat into the ring. Hell, he hasn’t even voted consistently in recent years. Running government more like a business may make for good campaign rhetoric in the post-Reagan era, but government is not a business. Folks can tease Tim Burgess all they want after the fact about passing up what might have been an easy path into the mayor’s office, but at least he seemed to realize that he needed a little more seasoning on the council before taking on the task. Mallahan apparently lacks this sort of self-awareness, in that “hey, I’m a successful wealthy guy, I can do anything” mode that seems to afflict so many of our region’s nouveaux riche.

I don’t doubt Mallahan is a smart, capable guy, and I don’t question his motives. But I don’t know that he has the skills or the management philosophy necessary to be an effective mayor, and he’s said and done nothing to assure me that he does. And that’s where pumping his own money into his campaign really works against him in my book.  Had he come out of nowhere to raise the money and profile necessary to knock an incumbent mayor out in the primary, I would have been impressed by his political prowess. But he didn’t. He bought himself into frontrunner status, which is not a knock in itself, but which shows me absolutely nothing about his political skill and determination.

McGinn on the other hand has proven himself everything that Mallahan has not. He’s a lifelong activist with a couple of big victories to his credit, who ran a surprisingly successful, grassroots sleeper of a primary campaign that certainly shows his political chops. It also doesn’t hurt in my book that I agree with him on most major issues (his proposal to take over the school district is painfully stupid on so many levels, but, well, you can’t have everything), and unlike Mallahan, I have absolutely no question about where McGinn stacks up in terms of values.

But… and this is a huge but… I have very real concerns about McGinn’s ability to work and play well with others.

Back in June when I wrote about the surprising lack of support for McGinn and his fellow Sierra Clubee Mike O’Brien from their colleagues in the region’s broader environmental coalition, I got a lot of public and private push-back from the community assuring me that no, they really do like and support Mike… O’Brien. But McGinn, not so much. And on primary election night when news flashed about McGinn’s unexpected standing at the top of the polls, the sentiment I heard from many of his fellow environmental leaders was more along the line of “oh well, I guess we kinda have to endorse him,” rather than the outright enthusiasm one might have expected.

It’s not that his colleagues dislike him (well, some of them do); from all accounts McGinn is a great guy. It’s just that they don’t particularly like working with him.

It is ironic then, that after kicking out a mayor largely because voters couldn’t stand his allegedly abrasive, unilateral style, we might replace him with man with a reputation for having an equally abrasive and unilateral style. Combine that with McGinn’s total absence of any significant executive experience managing large enterprises… not even running a department at a wireless phone company, for whatever that is worth… and, well, I’m understandably wary. And, like Mallahan, McGinn’s lack of legislative experience doesn’t bode well for his ability to wade through the process oriented pool of molasses that is our city council.

Don’t get me wrong, I’m all for the notion of citizen legislators. But a citizen executive with little real government experience under his belt is a much more troublesome concept.

That brings us to Ed Murray.

I personally like Ed, and think he’s been one of our most effective state legislators, but I’m certainly no fan boy. If this were a race to succeed US Rep. Jim McDermott, a seat Murray clearly covets, I doubt I’d be in his camp, as I’d prefer being represented by someone with a less cautious and run-of-the-mill political style. (For example, I’m a huge Barney Frank fan.)

But exactly the same qualities that turn me off in terms of Murray’s congressional aspirations help make him perhaps the most qualified politician on the local scene today to serve as mayor. Mayor Nickels, as much as I like and respect him, hasn’t exactly had a rapport with either the council or Olympia, and unlike McGinn and Mallahan, Murray has the skills, experience and personal relationships to help turn this around, and fast. And while there are certainly issues on which I disagree with Murray, and others on which I desperately wish he’d take a leadership role, there’s no question that his values fit squarely with those of a majority of Seattle voters.

So in my mind, in a three-way race between Murray, Mallahan and McGinn (hey… what a great name for an Irish law firm), it’s a no brainer. And if Murray’s name was actually on the ballot, I’m pretty damn confident that money, endorsements and votes would flow his way.

But of course, Murray’s name won’t be on the ballot, so… should he run a write-in campaign?

If Murray truly believes that neither Mallahan nor McGinn is qualified to be mayor, and can make a compelling case in that regard, and he believes he can raise enough money to be competitive, and he’s willing to put in the time and effort necessary to make this a serious challenge, and in doing so he’s willing to put his reputation and credibility on the line… why the hell not? Even if he’ll likely lose, which, considering the daunting challenge of mounting a write-in campaign, he probably will.

Some have suggested that running as write-in would make Murray some kind of spoiler or poor sport, but that’s a load of crap. Our system envisions and allows for write-in campaigns, while making them exceedingly difficult, as they should be. So there’s nothing unfair or anti-democratic about it. And if either McGinn or Mallahan (or both) can’t draw more votes than a goddamn write-in, then they certainly don’t deserve to be mayor.

And as for whether such a potential folly might hurt Murray’s future aspirations, if he runs a good, compelling, honest campaign, I don’t see how it could. If anything, it would only enhance his visibility and name ID across WA-07 in advance of a future congressional campaign, perhaps even setting him up as the frontrunner I’ve always assumed he imagines himself to be. And if the same labor and business sources who funded that recent poll are willing to put up the money to help Murray do that, more power to him. (Perhaps quite literally.)

Politics is a tough, tough business, and if Mallahan and McGinn choose to whine about Murray launching a nearly-Quixotic write-in challenge, well that would only prove to me my suspicions that they’re not up to the task.

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Open season on Obama?

by Goldy — Friday, 8/28/09, 9:11 am

As both a veterinarian and former elk rancher, Idaho Republican gubernatorial candidate Rex Rammell must be pretty familiar with manure. So why can’t he seem to avoid stepping in it even deeper?

After criticizing Gov. Butch Otter for not buying the first grey wolf hunting tag that went on sale, he responded to an audience question about “Obama tags” by saying “Obama tags? We’d buy some of those.”

Of course, when criticized for, you know, threatening the life of the president, Rammell excused himself in typical wingnut fashion, by claiming it was just a “joke.” And now, I suppose to reinforce the point, he sends out the following Tweet this morning:

Obama hunting tags was just a joke! Everyone knows Idaho has no jurisdiction to issue tags in Washington D.C.

Ha, ha.

I remember a news story from my youth, when after President Reagan was shot, a university student wrote in a school paper that he wished Hinckley had succeeded, only to find himself dragged out of his dorm room by armed federal agents in the middle of night. Hell, I remember during the Bush administration when just wearing an anti-war t-shirt to a Bush rally was enough provocation to get you arrested.

But Obama? No tags necessary, for in the land of the free and home of the wingnuts, it’s apparently always open season on Democratic presidents.

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Run, Ed, run!

by Goldy — Thursday, 8/27/09, 2:15 pm

As a blogger, I’m thrilled by the possibility that Sen. Ed Murray might launch a write-in campaign for Seattle Mayor, and welcome the news that a new poll shows him right in the mix.  I mean, what a great story.

As a voter, not particularly enthralled with either Mike McGinn nor Joe Mallahan, I’m definitely intrigued.

But as a political observer, I’m still a bit dubious, especially now that Seattle Times editorial columnist Joni Balter is urging Murray to jump in. I’m already concerned about whether there might be a massive disconnect between the political establishment and the electorate in regards to the acceptability of the two mayoral finalists, and uber-establishment Balter’s endorsement, well, that can only be viewed as a giant red flag.

Still, as much as I hate to agree with Joni Balter… I agree with Joni Balter: Run, Ed, run! I’m not exactly sure if you’ll get my vote, but it would certainly make covering the race a helluva lot more fun.

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This I Believe

by Goldy — Wednesday, 8/26/09, 4:17 pm

I believe that there are many legacy journalists, like Seattle Times Crown Prince Ryan Blethen, who are just itching for some demi-prominent blogger like me to be hauled into court on a lengthy and expensive libel suit. It would serve us right, I suppose Blethen must think, and it would serve as a warning to other bloggers to hold their tongues lest, win or lose, they too suffer the same devastating financial consequences. At least, I believe that this is the sentiment that guides the younger Blethen when he warns bloggers against the potential legal consequences of speaking our minds.

There is nothing wrong with pushing the limits of the First Amendment, but there is a line where free speech can go too far and real damage is done. Bloggers are writing past this line and finding themselves in trouble.

The common refrain from bloggers is that they have a right to say what they want, especially if it is their opinion. Whatever that opinion is, it needs to be grounded in fact. If it is not then the writer runs the risk of being sued for libel, which is a false statement that damages a person’s reputation.

Of course, I assume that Blethen also understands that unlike he and the writers in his employ, bloggers like me have no corporate parent to shield us from the legal costs of a libel suit, and that even successfully defending ourselves against such a charge, even a legally weak one, could cost us our savings, our house and our children’s college tuition.

And Blethen apparently believes that, not only could we bloggers be subject to such an asymmetrical use of legal force, but that we should be subjected to it, if only to compel us to “check [our]selves, and use a modicum of restraint.” For why else would he issue such a haughty exhortation?

If bloggers don’t learn to check themselves, and use a modicum of restraint, then not only will people get hurt but free speech could be irreparably damaged.

Yeah, well, thanks for the sage advice Ryan, but I don’t need the editor of one of the most poorly written op-ed pages I’ve ever had the displeasure to read, opining to me that “words matter,” and in light of your ed board’s penchant for harnessing lies of omission in the service of advocacy, I certainly don’t want any lectures from you about opinion needing “to be grounded in fact.” But what really galls me here is the notion that the editorial page editor (and son of the publisher) of a major American daily appears to be arguing in favor of forcefully using our libel laws to rein in free speech. This is a status quoist argument of the worst kind, and its only possible consequence would be to encourage and embolden those contemplating the use of legal intimidation to chill dissent and cut short the public debate.

Not that they need much encouragement.

It was during the very early days of HA, before the gubernatorial recount, at a time when my daily readership rarely climbed into triple digits, that I received my first threat of legal action, a behind the scenes heads up from a “friendly” intermediary who cautioned that I would be wise to heed the litigious nature of one of my frequent subjects, and instead focus my efforts somewhere else. Our local media for the most part chickened out and buried the story, but I followed through in the only way that I know how—full throated—while my subject eventually contented itself with suing media outlets in its native Canada. (Canadian defamation law is much more favorable to the plaintiff.)

In the years hence I have been threatened with legal retaliation again and again—sometimes in my comment threads, sometimes via email, and sometimes to my face—from joyous trolls celebrating the thought that I had finally and recklessly “crossed the line,” from anonymous scolds masquerading as attorneys, and from scolding attorneys betting that I would be too stupid or too cowardly to stand up for my rights, or like them, too rationally self-interested to risk my financial security for the sake of a mere ideal. And never once have I come close to backing down.

Oh, I take these threats seriously, and when I receive a specific complaint about a specific post, I scour it for demonstrably erroneous statements of fact. But my opinions… the dots I connect and the conclusions I draw… the beliefs I profess… even the invective I hurl… I defend my right to free expression in the same way that I defend the right of my vile, hateful trolls to refute, insult and threaten me in my very own comment threads. And that is what Blethen, heir to a dead tree publishing throne, obviously doesn’t understand about this new medium. HA isn’t a “publication,” and my words aren’t “spun off the press” in some inviolable, datelined tome. A blog is an ever evolving dialectic, a give and take, a living conversation between writers and readers, and readers with each other, and between one blogging community with the blogosphere as a whole. HA may be my own personal realm, but the world is my fact checker.

Under the old paradigm, where the scarcity of the airwaves and the huge financial barriers to market entry left the bulk of the media in the hands of a powerful and wealthy few, the libel laws were often the best or only defense against the indiscriminate, negligent, and malicious misuse of the power of the press. But in this new medium, this distributed, democratic and decentralized paradigm of the Internet, the best defense against bad journalism is more journalism, the best remedy for falsehood is the truth, and aggrieved parties should only look to the courts as a desperate and last resort.

Disagree with my conclusions? Don’t sue me… participate! Engage in the comment threads, demand a guest post, enlist the help of my rivals to publicly kick my ass, that is, if you really have the goods to do some real ass kicking. Refute my arguments, prove me wrong, hell… destroy my credibility! But in a media landscape increasingly dominated by freelancers, contractors and lone wolves outside the protection of deep-pocketed corporate overlords, the mere threat of costly legal action to resolve disputes threatens the viability of the medium itself, potentially shielding those able to afford attorneys from legitimate criticism by those of us who cannot.

So when Ryan Blethen, a child of the media establishment, warns us upstart bloggers to “understand the consequences of free speech,” I can’t help but suspiciously view his admonitions within the broader context of the struggling newspaper industry, and the perhaps unrelated but increasingly hotter legal climate in which my blogger friends and I have recently found ourselves. For in addition to the usual background noise of threats and half-threats, actual (ugh) lawyers have suddenly started crawling out of the woodwork.

It was only last year that Michael at BlatherWatch received a series of escalating threats from (since disbarred) attorney Bradley Marshall to pull a two-year-old post or else, an ultimatum Marshall only backed down from after a heartening show of force from Michael’s friends in the local blogosphere. And it was merely a couple months ago that local attorney and vocal Death With Dignity opponent Margaret Dore presented me with a deeply furrowed brow and 143 pages of rambling legalese demanding I pull Lee’s thorough fisking of her weakly argued guest column in the Seattle Times. (It occurs to me that Blethen’s sudden bloviation on defamatory blogging may have partially come at Dore’s insistent urging; I dunno, but I believe that would be consistent with both of their characters.)

But perhaps a classic example of the kinda everyday harassment to which we bloggers routinely subject ourselves is playing itself out right now in a comment thread on a post by my friend Carla at Blue Oregon, in which a horde of anonymous, code-word spouting finger-waggers are attempting to pressure her to back off from the sort of value-added, conceptual journalism that has become her hallmark, and that has become so crucial in recent years in keeping our local media and political establishment honest. The irony apparently lost on Carla’s critics, and which stands out as so pertinent to me in the context of Blethen’s blogger-beware pontification, is that the “not-so-idle speculation” for which Carla is being attacked and threatened was a direct response to equally speculative reporting in the pages of the Oregonian:

The appointment, announced Wednesday, raised some eyebrows among Salem insiders because Galizio made a dramatic about-face and provided the crucial vote to bar a resort from being developed near the Metolius River — an outcome Kulongoski desired.

See that? The Oregonian impugned the reputation of a government official based merely on raised eyebrows and unsupported speculation, but that’s okay, because as Blethen points out, professional journalists are “trained” to know the “difference between fact and opinion.” But when Carla, who has arguably covered the Metolius controversy and the political maneuvering around it more thoughtfully and thoroughly than any other journalist in the state, reaches deep into her reservoir of knowledge, lays down the facts as she knows them, and then dares to suggest that it is her “belief” that this damaging story was fed to the press by lobbyist Hasina Squires… she’s suddenly accused of crossing Blethen’s “line where free speech can go too far and real damage is done.”

Posted by: Just Saying | Aug 22, 2009 9:56:43 PM
Carla – One specific thing you seem to not have a grasp on with regard to what actually separates investigative journalism from slander: You’ve run with a story making a specific accusation against a person without any confirmed facts.

Posted by: Richard | Aug 22, 2009 11:05:22 PM
Carla Rove is judge, jury and smear merchant.

Posted by: Sal Peralta | Aug 23, 2009 9:25:35 AM
I have no idea whether Carla’s accusation is defamatory in any actionable sense. But insofar as Oregon’s defamation standards are concerned, there is really no reason to suppose that there is a different standard for bloggers than there is for journalists. I think that the main reason why some bloggers have avoided legal action for defamation in the past is not that there is any special protection for bloggers relative to journalists, but that the pockets of most bloggers and their publishers are usually not deep enough to make it worthwhile to sue them.What matters is whether a defamatory statement was published, did the statement cause damages, and was the statement defamatory per se. This was couched as a matter of opinion, which is usually protected unless the opinion implies the existence of some undisclosed “facts”.

All things considered, I’d be surprised if Ms Squires doesn’t ask for a retraction.

Posted by: Just Saying | Aug 23, 2009 10:20:39 AM
Why do you think having just the basis for just a suspicion, no matter how factual that basis might, protects you if you cross the line into making a specific accusation against someone if you don’t actually have specific facts identifying the person you accuse? … The fact remains that you have made an accusation that impugned a person in a public forum…

Posted by: Just Saying | Aug 24, 2009 8:09:03 AM
It’s up to the system to decide if Carla has defamed the person she accused of a nefarious act if it were to come to that. … And, by the way, although it could be a whole lot easier to defend in a defamation action if they could prove the accusation were true, it still could be defamation if the jury decided it was defamation based on other considerations. Tricky business, and it’s part of where the whole movie cliche of having ‘two confirming sources’ before going with a story comes from.

Posted by: Jack Roberts | Aug 25, 2009 2:11:34 PM
[I]f Hasina had her lawyer write to Carla and to BlueOregon demanding a retraction, I’d strongly urge you to consult a lawyer before ripping off a hot-headed response, especially in the form of a BlueOregon post.

Posted by: Jack Roberts | Aug 24, 2009 10:40:06 AM
Oh, and Carla, the legal standard for defamation for a “public figure” (which probably does not include Hasina) is saying or writing something that you know is false or with reckless disregard for its truthfullness.

[…] There is a reason that newspapers keep defamation lawyers on retainer.

And so on and so on… but I end with and emphasize that last comment because it gets to the heart of the issue as I see it, for there are indeed reasons why newspapers keep defamation lawyers on retainer, not the least of which being that it acts as a deterrent against the sort of frivolous lawsuits Carla’s commenters would like to scare her into thinking she has opened herself up to. This thread, particularly the comments of Jack Roberts and the anonymous “Just Saying,” is nothing if not an act of intimidation intended to bully Carla into thinking twice before she ever publicly criticizes the likes of Squires and other establishment stalwarts again, and in this service the commenters employ the sort of shameless and selective legalistic bullshit that lawyers often use to buffalo laypeople into submission.

[As an amusing aside, actionable defamation requires evidence of harm, but accusing a lobbyist of successfully planting stories in the press is like accusing a clown of making people laugh, and would actually enhance her professional reputation, not hurt it. Hell, I wouldn’t want to hire a lobbyist who couldn’t influence the media—it’s part of the job description—so what’s Squire’s gonna argue in court? That Carla has damaged her ability to surreptitiously plant stories in the press by accusing her of surreptitiously planting stories in the press? For all their helpful advice, that’s a subtlety of defamation law which Roberts and Saying conveniently ignore.]

This thread isn’t about journalistic ethics; if it was, the commenters would be just as outraged at the Oregonian’s speculation as they were about Carla’s. And it certainly isn’t about defending a lobbyist’s honor; even if the Oregonian piece wasn’t retribution for crossing Squires, it’s sure as hell in the interest of her future clients for legislators to think so.

No, this thread is about bullying bloggers, pure and simple. And that’s one of the reasons why I find Blethen’s column, with its non sequitur anecdotes of online transgressions, and its patronizing advice to all us untrained journalists, so goddamn irritating, because bloggers are more vulnerable to defamation suits than the corporate press, and everybody knows it. And people with money and/or law degrees don’t need any further encouragement to use this vulnerability to their unfair advantage.

Now, to be perfectly honest, demi-prominent bloggers like Carla and me, with our relatively high profile and strong connections to the national Netroots, aren’t nearly as vulnerable as some others might be. No doubt if a Margaret Dore or a Hasina Squires were to actually file suit, we would likely find more than adequate pro bono First Amendment defense, while the plaintiffs would quickly find themselves the subject of national ridicule at the hands of our outraged colleagues. And as fellow blogger Dave Neiwert (Orcinus, Crooks and Liars) routinely responds when he’s threatened with a defamation suit of his own: “My attorney and I look forward to discovery.”

But the blogger-beware meme put forth in Blethen’s column and in Carla’s comment thread and in any number of threads like it, advocating that libel laws that evolved to fit the contours of the old media can and should be used to cow and control the practitioners of the new, is a very real threat to the viability of the blogosphere as a meaningful and credible medium for disseminating dissent and facilitating public debate.

The letter of the law be damned, as a non-attorney I’m arguing that our defamation statutes should not apply to bloggers in the same way that they apply to the corporate media because given the nature of the medium, the limited financial resources of the defendant, and the many new avenues of recourse available to the plaintiff to address perceived wrongs outside the purview of the courts, to do so would upset the careful balance our legal system has heretofore carved out between the rights of the aggrieved and the fundamental constitutional right to free expression.

The fact that bloggers like Michael, Carla, Dave and I routinely receive vague and not-so-vague threats of costly legal action is testament not to the poor quality of our journalism, but rather to the lack of protection we are guaranteed under established law. None of us are afraid of losing a libel suit, but all of us are rightly concerned with the potential cost of fighting one. The irony is not lost on me that in breaking the feudal grip of the corporate media masters, our new generation of independent journalists has lost the feudal protection of our former lords as well, putting our personal financial security at risk with every critical word we write.

And to what end? Carla’s critics are right that couching a statement with “I believe” is not a defense in itself against a legal finding of defamation, but look how petty they are in pushing their case. “It’s my belief that Hasina Squires fed the Galizio story to the Oregonian,” Carla writes after laying out the facts that led her to come to this conclusion, and for this they would cheer on a civil prosecution that could ultimately bankrupt Carla and her family? Is this really the proper balance the framers of our defamation laws sought to strike?

I don’t think so, but if that is the law, then I adamantly believe that the defamation laws should be changed to reflect the shifting balance of power between plaintiff and defendant in the decentralized media that is coming to dominate the Internet. Blethen is right that there is a line that is too frequently crossed when it comes to bloggers and defamation, but he’s wrong about who is crossing it, and in what direction.

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Sen. Ted Kennedy, RIP

by Goldy — Tuesday, 8/25/09, 10:26 pm

A great American statesman has passed away. (Please be respectful; we will delete all inappropriate comments.)

[youtube]http://www.youtube.com/watch?v=OtOi8eDkTTE&feature=player_embedded[/youtube]

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Mayor Ed Murray?

by Goldy — Tuesday, 8/25/09, 11:01 am

Over on Publicola there’s been some speculation about State Sen. Ed Murray launching a write-in campaign for Seattle Mayor, an idea which at first glance sounds a little stupid. Write-in campaigns are exceedingly difficult things to run, and in a citywide, top-of-the-ticket race, nigh impossible. And Murray is nothing if not a savvy politician who wouldn’t dare risk his reputation on a farce or a folly.

But on second thought…

I’ve got no polling data to back this up, but there’s a strong argument to be made that, considering their lack of name ID and zero experience in public office, a goodly sum of the votes for both Mike McGinn and Joe Malahan were really votes against Mayor Greg Nickels. I’m less impressed with Mallahan buying his way into public consciousness than I am with McGinn’s grassroots success, but I’m still not all that impressed with either campaign; Mallahan has proven himself uninformed on many city issues, while McGinn has yet to make a strong case that he is qualified in both experience and temperament to serve as chief executive. The well-known and well-respected Murray, on the other hand, would have instant credibility.

But the real wildcard that makes the goofy notion of a mayoral write-in campaign just a little less goofy is our new, all vote-by-mail format. Voting at our leisure at the kitchen or dining room table, it really doesn’t take that much more effort to write in “MURRAY” than it does to completely fill in that little circle. And, as Josh points out, with R-71 likely to be on the ballot, Seattle’s strong and politically activated gay community will have extra incentive to send a message by electing our city’s first openly gay mayor. And, the sheer novelty and drama of such a challenge would draw oodles of valuable earned media, and if properly played, national coverage as well.

Could a Murray write-in campaign be perceived to be credible enough to, say, earn an endorsement from the self-proclaimed arbiters of credibility at the Seattle Times? My spider-sense says yes.

So… should Murray run? Only if he’s willing and able to raise the money and commit the time and energy to make it a real campaign, and only if he’s got some reliable polling data telling him that he’s got better than a snowball’s chance in Hell. What he shouldn’t do is kinda-sorta run, just to make a statement, or to drive turnout for R-71. I know from running joke campaigns, and somebody with Murray’s ambition and potential shouldn’t make the mistake of lowering himself to my level.

That said, if Murray does declare as a write-in candidate, and does make a serious effort to win the race, there’s no shame in losing, and probably no long term political cost either, as long as he’s perceived to take the challenge seriously. After all, as any self-respecting pundit will tell you, a mayoral write-in campaign is nigh impossible.

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Gone hikin’

by Goldy — Monday, 8/24/09, 11:59 am

It’s a beautiful day, and only a week before school starts, so my daughter and dog and I have gone hiking. Talk amongst yourselves.

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Hutchison’s polite reception at Dem picnic highlights the real cultural divide in American politics

by Goldy — Monday, 8/24/09, 9:57 am

While Josh muses on the more obvious narrative of Republican Susan Hutchison’s visit to the 43rd LD Dems’ annual picnic, you know, the strategery of her showing up, I think there’s a more interesting story to be drawn from Saturday’s event, and one that comments more broadly on the cultural divide that currently separates our nation’s two major parties:  the relatively cordial manner in which Hutchison was received.

As far as I’ve heard, nobody shouted Hutchison down, accusing her of being a Nazi or a communist (or oddly, both). Nobody vandalized her car, or attempted to intimidate her by showing off their firearms. And nobody angrily yelled at her to stay away from their children.

Hutchison was accompanied by a couple of burly, t-shirted aides, but she certainly didn’t need any bodyguards, if that’s what she was thinking.  No, this gathering of very partisan Dems greeted her politely, quietly milled about as she gave her stump speech, and then chatted her up for about an hour.

And that’s not the exception that proves the rule. Ask any of the number of Republicans and even the few righty trolls who have accepted our open invitation to show up at Drinking Liberally, and they’ll attest to their friendly reception. (I mean, it’s so easy beating your guys’ rhetorical ass, why would we ever feel the need to threaten to beat your physical one?)

What we see in comparing Hutchison’s uneventful visit to a Democratic picnic versus the hostile and intentionally intimidating Republican crowds who have recently taken to storming town hall meetings, is not just a contrast in style, but a contrast in political culture. Democrats in general, and as a whole, really are more democratic, while the anti-government reactionaries who now seem to comprise the base of the Republican Party have long since forgotten the true meaning of the word they use as a party label.

It may have been savvy of Hutchison to show up at a Democratic picnic, though I doubt she earned herself any votes, but it certainly wasn’t gutsy. I can’t help but feel the opposite would be true if Dow Constantine were to make a similar surprise foray onto partisan Republican turf.

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Objective journalism

by Goldy — Monday, 8/24/09, 8:52 am

One of the big differences between bloggers like me and so-called real journalists like those at the Seattle Times, is that I tend to mix in generous amounts of editorializing with my reporting, whereas the dailies maintain a strict wall between editorial and news. Or so I’ve been told…

Dear Seattle voters: That must have felt good.

You finally took out your long-simmering resentment of Mayor Greg Nickels by shoving him aside in last week’s primary.

Yup, as far as news ledes go, you can’t get much more objective than that.

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Truth and Consequences, the Seattle Way

by Goldy — Sunday, 8/23/09, 11:06 am

What Danny said, and more…

A rap on Mayor Greg Nickels was that he was a strongman. He supposedly made decisions without taking the full advice of the public or City Council. Many citizens felt, therefore, that he was arrogant.

We say we want leadership… we like to whine about not getting it from our elected officials… but the truth is, we hate leadership, for as soon as a politician attempts to actually use political power and exert it, we attack him or her for being arrogant.

Take the Viaduct for example, perhaps the classic textbook illustration of the political cluster fuck we quaintly refer to as “the Seattle Way.” It’s been eight years since the Viaduct was nearly dismantled by the relatively mild Nisqually quake… eight years of watching it topple over, slow motion, onto the waterfront as its western supports gradually sink into the muck at a steady rate of a fraction of an inch a year. Eight years of knowing that we are one inevitable shake away from, depending on the time of day, perhaps the greatest man-made disaster in our region’s history.

And we could be on the verge of electing a mayor with workable plan to stop the plan to replace the Viaduct, but with no real plan to build political consensus for an acceptable alternative. I oppose the Big Bore too, and hell, I might even vote for Mike McGinn myself. But you gotta admit, on this issue at least, our city/region/state is more than a little fucked up. The Viaduct is a triple-digit fatality waiting to happen (or worse), and no elected official with an ounce of common sense or humanity could choose to allow it to stand any longer than absolutely necessary.

And the truth is, given our current financial, environmental, geographic and political constraints, there is no good alternative to the current structure—at least not one that could likely satisfy a majority of voters. The proposed tunnel is hugely expensive and technically uncertain, the current deal placing untenable risks on Seattle taxpayers, all in the service of an outmoded transportation philosophy that ignores the energy and environmental reality of the twenty-first century. Despite the claims of its proponents, the surface/transit option would likely exacerbate congestion, at least in the short term, and by dumping tens of thousands of vehicles a day onto surface streets, could prove the least pedestrian and bike friendly of the three major alternatives. And while a rebuild might seem like the perfect compromise in both price and function, no city planner in his or her right mind would propose building a double-decker freeway today across such a vital and beautiful waterfront, if one already didn’t exist, and it would be crime to burden future generations with such a stunning lack of civic pride and vision.

In their favor, by diverting traffic underground, the tunnel would do the most to open up, revitalize and beautify our waterfront into a civic treasure future generations would come to cherish. The surface/transit option is by far the least expensive and most forward thinking of any of the plans. And the rebuild… well… current generations of Seattleites grew up with the Viaduct, and if it was good enough for us, it’s good enough for future generations as well. (You know, stop trying to change Seattle into New York or San Francisco and all that.) But even if you believe there is a best alternative, good luck convincing a majority of elected officials, let alone a majority of the voting public.

Though, of course, that’s half of what Mayor Nickels somehow managed to do. He always favored a tunnel, and voters be damned, he ultimately got the governor and the legislature, who originally pushed for the less expensive rebuild, to agree to a tunnel deal, albeit an awfully bad deal for Seattle taxpayers. Call that arrogance if you want. But it’s also leadership.

And as we saw in Tuesday’s election results, we hate leadership.

In helping to end Mayor Nickels career, Mike McGinn has made blocking the tunnel one of the centerpieces of his campaign, and like him, I favor the surface/transit option, if not always for the same reasons. And if elected, I’ve little doubt that McGinn will succeed in fulfilling this campaign promise. For in Seattle, saying “no” is what we do best.

But whether a Mayor McGinn could succeed in building political consensus for his own favored alternative to the Viaduct before nature succeeds in knocking the current one down, well, that’s another question. And if he does show the leadership necessary to force his own plan into implementation, how could he possibly survive the dire political consequences of his success?

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