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U.S. Court Declares Bloggers Second Class Citizens, Not Part of Media

Update: Judge Marco A. Hernandez has since clarified his ruling on this matter, and stated that his ruling was only meant to apply to Crystal Cox, and not all bloggers. Read my latest blog post for the rest of the story.

A U.S. district court just ruled that bloggers — at least bloggers in Oregon — are not part of the media, and therefore, not protected by Oregon’s media shield laws.

As a citizen journalist, this scares the bejeezus out of me. If you’re a blogger of any kind, it should worry you too.

I’ve been clamoring for years that bloggers are citizen journalists. That is, we should be entitled to the same First Amendment protections, the same access, and the same considerations that newspaper, TV, and radio reporters get. At the same time, it means that bloggers need to act like journalists: with great power comes great responsibility, etcetera, etcetera.Handcuffs

But a U.S. District Court judge in Portland, Oregon just set us back to pre-1990 days when he ruled against Crystal Cox, a blogger, after she was sued by Obsidian Finance Group for defamation over blog posts that criticized the firm and co-founder Kevin Padrick. The judge also awarded Padrick $2.5 million.

In his ruling, the judge wrote:

. . . although defendant is a self-proclaimed “investigative blogger” and defines herself as “media,” the record fails to show that she is affiliated with any newspaper, magazine, periodical, book, pamphlet, news service, wire service, news or feature syndicate, broadcast station or network, or cable television system. Thus, she is not entitled to the protections of the law.

Seriously? Pamphlets? In other words, if she had slapped together an 8-page booklet at Fedex/Kinko’s, she would have been protected?

Whether this is a problem with the judge not understanding the Internet, or — more likely — Oregon having a media shield law that doesn’t reflect 21st century technology, this may have a chilling effect on bloggers, even in states with media shield laws.

As it stands now, Oregon’s media shield law says:

No person connected with, employed by or engaged in any medium of communication to the public shall be required by … a judicial officer … to disclose, by subpoena or otherwise … [t]he source of any published or unpublished information obtained by the person in the course of gathering, receiving or processing information for any medium of communication to the public[.]

Seems comprehensive enough: any medium of communication to the public strikes me as anything from newspapers to TV to radio to the Internet (including blogs). But when someone learned about the Internet from the Ted Stevens’ School of Technology, they may not realize that the Internet is far more evolved than pamphlets.

Compare Oregon’s law to Washington’s media shield law:

Any newspaper, magazine or other periodical, book publisher, news agency, wire service, radio or television station or network, cable or satellite station or network, or audio or audiovisual production company, or any entity that is in the regular business of news gathering and disseminating news or information to the public by any means, including, but not limited to, print, broadcast, photographic, mechanical, internet, or electronic distribution;

(Read more about Washington’s media shield law here.)

Washington at least spells out what they consider to be the media. But any state that has not included “the Internet” in their shield laws may be able to exclude bloggers from the people who should be protected.

In other words, if you are a pamphleteer, you’re protected. If you type something on a typewriter, reproduce it on a mimeograph machine, and staple everything together by hand, you’re protected by the First Amendment. But if you publish the biggest online-only newspaper, and have for the last fifteen years, tough. You’re not protected by media shield laws in Oregon, or several other states.

This will have a chilling effect on your rights as a journalist, as the government can impose sanctions on bloggers and Internet-based writers, simply by declaring they are not part of the protected media.

Photo credit: Tourettte (Flickr)

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Four Online Predictions for 2012

Okay, I’m going to jump on the trends bandwagon and offer yet another online predictions blog post where I polish my crystal ball and predict the future of social media. I think I have a decent track record going for me. In 2010, I predicted that Android sales were going to outpace iPhones, and I was only six months late on that (it finally happened earlier this year). Of course, I also said SMS would become obsolete, and that ain’t happening any time soon, so I’m batting .500.

Emboldened by my previous success — and with a promise to Allison Carter (@allisonlcarter) that this list will not mention mobile or geo-location networks — here are my four predictions for 2012.

1. An even bigger focus on quality of written content.

Thanks to Google Panda, the traditional SEO techniques of on-site optimization and backlinking is not as effective or important as it once was. Now, Panda measures things like bounce rate and time on site. In other words, if your site sucks, your rankings will drop. If your site is good, your rankings will rise.

Want to improve your rankings? Improve the quality of your content, especially your writing. The better your writing is, the longer people will stick around.

We’ll see a bigger push for web designers and bloggers to have better writing, not just a bunch of schlocky writing. So for anyone who has been in the quantity-over-quality camp of blog writing, you’re going to have a tough time of it in 2012.

2. Disruption will be the watchword, and the way to make money.

We’re already seeing how social media, broadband, and mobile phones are disrupting some middle men businesses. People are canceling their cable and satellite TV, and instead watching videos on Netflix and Hulu. We’re getting local news from local bloggers, or national news from each other, instead of TV news and newspapers. I even quit listening to local commercial radio, choosing instead to listen to an awesome public radio station out of Louisville, KY. Traditional media has been disrupted, but that’s not all.

We’ll continue to see more middle men being disrupted by fast phones and social media — look for advertising and PR agencies, publishers, banks, and credit card companies to take a big hit as people figure out how to circumvent these gatekeepers. Look for other people who figure it out to make a buttload of money being the disruptions, or taking advantage of the new disruptions.

(Case in point, Dwolla, which only charges $.25 per transaction for anything over $10 (under $10 is free), and is currently on course to move about $350 million per year.)

3. Citizen journalism will continue to grow and become more important.

Newspapers have taken a big hit in the last 10 years, thanks to online media — a disruption that’s been years in the making — but people still want local news. The newspapers that will survive and thrive will be the dailies in smaller cities, and the weeklies in small towns. In the big cities, we’ll see more citizen journalism as people report on their local stories. More Twitpics, more cell phone videos, more stories that are pieced together through people acting like their own journalists.

I would love to see some news-minded entrepreneur figure out a way to gather all of this content and monetize it. While that may not happen in 2012, look for online-only newspapers like The American Reporter to pick up the slack of the big city papers, and local news outlets like Patch to become more widespread and easier to use.

We’re going to see more news, commentary, sports, etc. covered up by real people, not professional journalists. I also think we’ll see smaller print newspapers get smarter about their online efforts, and even TV stations to continue to embrace the web. Could we also see someone start an Internet-only TV news style of website?

4. Teenagers will begin to leave Facebook in droves.

Their moms and dads are on Facebook. Their grandparents are on Facebook. The whole point behind Facebook was it was a place to go where you could be cool. And as everyone knows, it’s impossible to be cool when your parents are around. They’re moving to other networks where their parents are not. Even Ben Bajarin (@benbajarin) of Time Magazine is questioning whether it’s the beginning of the end for Facebook. (Hint: No, not yet. But don’t be surprised if it happens one day far off into the future.)

Where they’re all going is still unknown. MySpace is still popular among teenagers. YouTube is actually the second biggest network among teenagers (Facebook is still first). And the gaming console networks are seeing a big uptick. But when all the stats are showing that 1 in 5 teenagers are leaving Facebook, it’s time for marketers to stop with this “social media is for young people” nonsense and recognize that the parents and grandparents are embracing it more easily now.

Photo credit: JasonLangheine (Flickr)

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Using The Irony Mark or Sarcasm Mark

The discussion and desire for an irony/sarcasm mark is one that has been making the Twitter rounds lately, and I may have accidentally stumbled upon the answer.

It seems the backward question mark, also called the rhetorical question mark or percontation point, has been the historic favorite, having been proposed by English printer Henry Denham back in 1580.

The reverse question mark, or irony mark, is used to denote irony and sarcasm.

It’s an odd coincidence — but NOT ironic — that a 430-year-old mark may just find its usage in the 21st century, thanks to modern technology.

The problem is that twitterers and emailers have had a hard time denoting sarcasm, irony, and eye rollable statements. We’ve tried the :-| and the </sarcasm> marks, but every extra character takes up valuable space in a 140 character tweet.

So in our quest to show that we’re being snarky and sarcastic, social media people have been looking for a way to show their sarcasm in as few keystrokes as possible, which is why the irony mark can solve a lot of problems.

Unfortunately, it’s not that easy to get to at the moment.

If you’re a Mac user, there’s no easy way to do it. The best way to get it is to open up the Characters box (usually command-option-T). Then search for character 061f. When it comes up, insert it or copy and paste it.

If you’re a Windows user, I believe you can type the mark this way:

  1. Press and hold down the Alt key.
  2. Press the + (plus) key on the numeric keypad.
  3. Type one of these:
    • 2E2E
    • 61F
    • 061F

(Windows users, if this doesn’t work, please let me know. I haven’t done Windows for about 4 years, and I don’t remember how to enter Unicode.)

If you’re a Linux user, I didn’t think you guys got humor, so I don’t know if it’s even available to you. (Kidding! Just kidding! Some of my best friends are Linux users.)

Or you can just copy it here and save it somewhere else, like an Evernote document.

؟

I understand that the SarcMark is making its way into use, but unfortunately, as a Mac user, I can’t use it. Right now, it’s a Windows-only app that lets you use the SarcMark with a few keystrokes. The SarcMark looks sort of like the @ symbol, but with a period instead of the letter ‘a’ inside.

I also prefer Denham’s backward question mark because it’s historic. It’s over 430 years old, even though it was never widely used. Because of its longevity, it’s the one that many “we need an irony mark” proponents are already suggesting.

This may help people understand what irony truly is. It’s not an “odd coincidence” or “misfortune.” And it’s certainly not rain on my f—ing wedding day! Irony is when a statement conveys the opposite meaning of what you said.

So — according to Dictionary.com — if I say “that’s nice” when you tell me you got a flat tire, that’s irony. It’s not irony when you got a flat tire going to lunch.

And now, thanks to the irony mark, when I tweet you and say “that’s nice؟” you’ll know what I really meant.

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How Writers Can Use QR Codes

What can writers do with QR codes? Do we even need them? When most writers still have that “I’m a writer, not a marketer” attitude, embracing something as 21st century as a smartphone, let alone a QR code, is going to be difficult.

But, if you’re trying to reach a particular kind of audience — let’s say a tech-savvy audience — or people who might not otherwise discover your work, a QR code could be a great way to market your work in some surprising and creative ways.

QR Code to my About.me page

The whole point of a QR code is to reach a mobile audience. People who use their mobile phones to read articles and watch videos. People who use their tablets to read ebooks. Basically anyone not using a laptop or desktop computer, or reading paper-based articles and stories.

By tapping into the growing mobile market — and it’s growing fast — writers can get their words in front of a brand new audience, or at least an audience who can access your old work in new ways.

You can reach that mobile market in a few different ways, including emails, or making people tap long URLs into their web browser. But a QR code — that funny looking pixelated square — is something people can scan with their mobile phones to perform a certain action, like open a website or a video.

For writers, you can point a QR code at some of your work, and allow people to read it on their mobile phones. Here are a few places you can point them:

  • At one of your best articles or short stories: This should be the first place your QR codes should go. Point them at some of your best work, and then put the QR code on a business card or writer’s resume. Or if you’re at a conference, put it on a t-shirt. Make sure that your website is mobile-friendly. Best way to do this? Install WP-Touch on your WordPress.org blog, or use Blogger, Posterous, or WordPress.com for a mobile-ready blog. Warning: Do not just point a QR code at your main website. For one thing, it’s boring and unimaginative. Hopefully you’ve already got a short, and clever, domain name, so a QR code is wasted. But if you don’t have anywhere else to point it, at least make sure your site is mobile friendly. A site designed for a desktop is awful to negotiate with a mobile phone.
  • Your book page on Amazon.com: Have a book flyer or sales card? Put a QR code on it and let people scan it. They can make their purchase right on their mobile phone and have it shipped to their house or office.
  • A mobile-only video: If you have a book trailer, consider making one especially for mobile use, and maybe even specifically for QR users. Speak directly to the user — “Hi, thanks for scanning the QR code and checking out the video.” — and tell them what is so special about this particular video. (“I’m sharing three additional personal branding secrets you won’t find in the Branding Yourself book.”) Make sure the video works on your mobile phone too. Some videos can’t play on mobile phones, so make sure you choose the right format and size.
  • At your ebook: If you’ve got an ebook for sale, whether it’s on Amazon.com or another ecommerce page, write up a small card about the book, and put a QR code on it. People can read the ebook on their phone or tablet, especially if they’re using the Amazon Kindle app.
  • At a secret page on your website: One of the best uses I saw of a QR code was a friend who put it on a t-shirt that he wore to conferences. People who scanned the code were immediately taken to a hidden page on his website where they could find how to connect with him via Twitter, LinkedIn, etc., as well as some special information that wasn’t available on his regular website.

The nice thing about QR codes is that you can point them anywhere you want. When you want to change pages, just edit the QR code. No need to create a new one or get rid of anything with the old code on it. Just go to the place where you created it, change the destination URL and you’re set.

You can put your code just about anywhere it can effectively be scanned, and point it anywhere that makes sense. On your business cards pointing to your book pages. T-shirts to your About.me page. Book covers to mobile videos. Anywhere you can think of, you can point it. Just don’t point it at your regular website, or put it on a highway billboard.

Watch Scott Stratten (@unmarketing) talk about QR codes and how they should and should not be used.

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Some Bloggers Are Journalists. Get Over It

Should journalists be licensed? Should they be given some sort of special card that says they have undergone the rigorous training necessary to objectively report the news, and thus be given special access to government officials, sporting events, and other newsworthy goings-on?

Christine St-Pierre, Quebec’s culture minister, believes so. She is creating a plan for “a new model of regulation of Quebec media.”

In other words, she wants the government to determine who is worthy of being a “journalist,” and thus excluding people who don’t work for traditional media outlets.

As in, not bloggers.

It’s a familiar refrain: newspaper writers and other big-J Journalists don’t like bloggers. We’re not real journalists, they say. We haven’t had the education or training. We’re not held to the same rigorous editing and writing standards that they are. And so, this makes them the arbiter of deciding what is real journalism and what isn’t.

Australian writer and web developer Aaron Holesgrove echoes St-Pierre’s sentiments, claiming some moral high ground that bloggers may not occupy, simply because we don’t work for newspapers or TV stations.

We’re not objective. We present opinion as fact. We use anonymous sources.

I guess in that sense, most cable news stations aren’t journalism either. Neither Keith Olberman and Sean Hannity are objective, and both present opinion as fact. And as far as anonymous sources go, I see them quoted in news articles all the time. They’re the ones called “someone familiar with the facts” or “someone not at liberty to speak to the media.”

But there are plenty of bloggers who report the news objectively. They report on nothing but facts. They don’t use anonymous sources any more than the real newspapers. And when it comes to writing and editing, they’re the masters of their craft.

The American Reporter is an online-only newspaper that, by the strictest definition, could be considered a blog. They’re the first Internet-only newspaper, as well as the largest online alternative newspaper. But they’re a newspaper first, and a blog second. So what does that make them? (Full disclosure: I’ve been their humor columnist since 1997.)

Apparently You Lose Your Journalism Card When You Go Online

So what’s the deciding factor between a journalist and an online hack who is looked down upon by the very people he seeks to emulate? Is it the writer’s employer? Are we journalists because we’re paid by newspapers and TV stations? Are we non-journalists because we’re freelancers and free writers? Is it our education, or lack thereof? And what about the people who used to be journalists but aren’t any longer?

There are plenty of examples here in Central Indiana of people who took their work from the print and broadcast world to the online world. They were laid off or removed from their positions, found a home online, and became bloggers.

Ruth Holladay, former firecracker columnist for the Indianapolis Star has held her former employer’s feet to the fire for more than four years now on her own blog. Paul Poteet is a former meteorologist for WRTV, the local ABC affiliate, and found a second home online, parlaying his TV celebrityship into an online presence most of us would kill for.

But neither of them work for the large media conglomerates that once employed them. Does that mean that they are no longer worthy of the term “journalist?” Did Ruth have to hand in her journalist card when she started publishing her words online? Did Paul get suddenly struck stupid, and no longer able to read a weather map, when he left his TV station?

On the national scale, a couple years ago the Seattle Post-Intelligencer and the Denver Times became online-only newspapers. The P-I folded their print edition and went online only, while the Denver Times was born out of the ashes of the now-defunct Rocky Mountain News.

No one would (seriously and credibly) argue that these two newspapers are no longer journalistic sources just because they are online-only. And yet, there are people who will say that Holladay and Poteet are no longer journalists because they’re not employed by large media conglomerates.

So where does that line get drawn? I’m a professional blogger, but I’ve published a newspaper column for nearly 18 years. Am I only a journalist when my words appear on dead trees? Or do I carry that mantle and responsibility in every kind of writing, including here?

Bloggers Are the Pamphleteers of Old

Back in the 1700s, pamphleteers were those people who wanted to express their opinions to a large group of people, and did so in their own proprietary platform. Today’s bloggers are yesterday’s pamphleteers — we don’t have access to the machines or process to broadcast our opinions via mass media, but we do have the communication channels through WordPress, Blogger, Posterous, and about 40 other blog platforms.

We use blogs to express our opinions and stories, the same way Thomas Paine expressed his support for the Americans during the Revolutionary War.

Is blogging messy? Yes.

Is it prone to misuse and abuse? Of course.

Do we make mistakes or go overboard in our opinions? You bet.

I see the same thing from professional journalists too. Slanted news stories, over-hyping and sensationalizing news (and weather!), and even plagiarism and fabrication (anyone remember Jayson Blair?).

Still, I think journalists hold themselves to their self-imposed standards, while most bloggers do not. That’s what makes journalism an institution to be trusted as reporter and watchdog. But if bloggers want to be taken seriously as a form of communication, we need to step up and start following those practices as well.

In the meantime, you big-J journalists, blogging isn’t going to go away. No matter how much you deride the form, it’s only getting bigger and more powerful. You know what’s going away? Print media. You have a choice. Teach us how to do it right, teach us how to do it well, so you have a place to land when your employer figures out that two 20-somethings can do your job for a fraction of your salary.

To paraphrase an old quote by writer Rex Huppke, “It’s funny when journalists mock (blogging). It’s also funny when people about to be eaten by a bear mock the bear.”

Bloggers who want to be journalists need to step up their game. Journalists who are destined to be bloggers need to get over themselves. Because one day, just like newspapers replaced pamphleteers, blogging is going to do the same thing to the newspapers.

Photo credit: Manin The Moon (Flickr)

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Five Books Every Blogger Should Read or Own

Writers need to read if they want to improve. We learn, we borrow, we’re influenced, and in some cases, we steal.

Whether you’re a blogging veteran or wet-behind-the-ears rookie, there are certain books that will give you the knowledge, insight, and ability to be an effective blogger.

I am always reading books, sometimes in my industry, sometimes outside (my favorites are Christopher Moore humor novels and British murder mysteries), and trying to learn some of the techniques these writers use.

I have five books that I think every blogger should own, or at least read, if they want to improve their writing and become a better blogger.

These five books vary in industry and focus. They may tell you how to blog, how to write, or how to spell. But these are the five books that I have found to be the most valuable in my own professional blogging career.

  • Corporate Blogging for Dummies: My good friend, Douglas Karr (@douglaskarr), and Chantelle Flannery wrote this tome for corporate bloggers everywhere. And while the title suggests it’s for corporate bloggers, anyone who wants to be a blogger can learn from this one. It talks about why blogging is important, what tools are available, and even how to write blog posts.
  • The AP Stylebook: I’ve long maintained that blogging should follow AP Style when it comes to settling confusing questions of spelling, grammar, and punctuation. After all, we’re becoming citizen journalists, so we should follow journalistic style. The AP Stylebook can answer odd and esoteric questions, like the “proper” abbreviation of state names (AP style does not use the two letter postal abbreviations), whether to capitalize job titles (you don’t, unless you’re referring to the President of the United States), and even whether to use an Oxford comma (they don’t, but I think they’re horribly wrong about this one.)
  • Grammar Girl’s Quick and Dirty Tips for Better Writing: (affiliate link) I am a regular listener of Mignon Fogarty’s (@GrammarGirl) “Grammar Girl’s Quick and Dirty Tips” podcast, and recommend it to anyone who wants to improve their grammar and punctuation usage. Her book on Better Writing is also a must for anyone who wants to improve their writing mechanics, and avoid the little nagging errors that are so tiny but seem to throw everyone into a terrible tizzy. (I’m also a fan of the A Way With Words show on NPR/podcast, but they don’t have a book out. Plus, I made Grammar Girl’s “Wordsmiths” Twitter list, which I’m very proud of.)
  • Ernest Hemingway’s short stories: If you want to learn how to write with punch and power, read Hemingway. Especially his short stories. Especially anything with Nick Adams (Big Two-Hearted River). It has that punchy, short dramatic style that tells you how to craft short sentences that carry a lot of impact. Hemingway cut his teeth at the Kansas City Star in 1917, learning the style that made him the most recognized writer of his day. While some of his language and ideas are definitely from the early 1900s, his writing style is still something to study and learn from.

  • Roger Angell’s Once More Around the Park: Roger Angell is the baseball writer for The New Yorker, and the master of the long meandering sentence. If Hemingway is a boxer, writing short, punchy sentences, Roger Angell is the old dude doing tai chi in the park on a warm Sunday morning, moving slowly but fluidly, and never stopping until he has achieved inner peace and gotten a low-impact workout in at the same time. Angell’s descriptions of baseball games, baseball fans, and even the parks is something even the non-fan will enjoy. It’s a book I definitely recommend reading, whether you’re a baseball fan or not. While the fan will appreciate his explanation of the games and the names of the fan’s childhood, the writer will appreciate the images Angell is able to conjure up, and the ease at which he writes long, smart sentences that carry the sounds and smells of a faraway day.

    • What are some of your favorite books for writers and bloggers? Are there any that you recommend? Any that you would stay away from? Leave a comment and let’s hear from you.