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Dead Constitution
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Title: WE'RE WATCHING YOU - NJ court: No shield law for message boards posters
Source: [None]
URL Source: http://news.yahoo.com/s/ap/20110607 ... n_hi_te/us_blogger_protections
Published: Jun 7, 2011
Author: By BETH DeFALCO
Post Date: 2011-06-07 21:30:46 by HAPPY2BME-4UM
Keywords: None
Views: 234
Comments: 14

TRENTON, N.J. – The New Jersey Supreme Court says people posting in online message boards ,don't have the same protections for sources as mainstream journalists.

The court ruled Tuesday that New Jersey's shield law for journalists does not apply to such message boards.

The case involved a New Jersey-based software company named Too Much Media.

It sued a Washington state blogger for defamation and wanted her to reveal sources she cited on message board posts.

Shellee Hale claimed customer information was compromised and that she should be protected from revealing her sources.

New Jersey's highest court says online message boards are little more than forums for discussion and don't fit the definition of news media as described by the law.

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Begin Trace Mode for Comment # 5.

#5. To: HAPPY2BME-4UM (#0)

I see another problem with this... New Jersey doesn't have authority here as this would be an interstate matter...

NJ laws do not apply to the state and the citizens of the state of Washington.

titorite  posted on  2011-06-07   22:05:35 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 5.

#7. To: titorite (#5)

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Eric Stratton  posted on  2011-06-07 22:12:17 ET  Reply   Untrace   Trace   Private Reply  


#8. To: titorite (#5)

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Eric Stratton  posted on  2011-06-07 22:13:43 ET  Reply   Untrace   Trace   Private Reply  


#13. To: titorite (#5)

I see another problem with this... New Jersey doesn't have authority here as this would be an interstate matter...

I see that same problem and I believe that forum owners (with respect to the state of which their forum originates from), may file a federal diversity lawsuit contending such laws infringe on the First Amendment. The law is designed to intentionally deprive anyone of such constitutional rights per state and federal government to exercise their rights.

Freedom of the Press does not just apply to the press alone. It also enables citizens that right to petition their grievances to the federal government when such laws (NJ laws) impinge on people's abilities to express themselves without fear of retribution.

Finally, it becomes the responsibility of the journalist to check and vet their sources when doing their stories. The posters will read and glean upon information as they so desire. And it is always somebody who will attack the credibility of the source. But still, it is not so much the "reputation" of the journalist that is the issue, but the facts the journalist addresses that makes them credible. People want facts from journalists. Leave the rants and ramblings of the posters alone...for it is their right to express their arguments in an open forum without feeling like criminals.

purplerose  posted on  2011-06-08 09:27:19 ET  Reply   Untrace   Trace   Private Reply  


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