Talking about the future

Five media law experts took part in a panel discussion titled "Blogging and the Potential Limits of the First Amendment" Tuesday as part of Constitution Week.

Brent Benjamin, chief justice of the West Virginia Supreme Court of Appeals, moderated the discussion.

Benjamin said the topic was timely and represents our changing culture.

One of the most predominate issues discussed by panelists was whether or not bloggers are journalists.  

"You are a journalist when you say you are a journalist," said Gene Policinski, vice president and executive director of the First Amendment Center in Nashville, Tenn.

 Some of the panel members said determined his or her status as a journalist on the intent of the writer.  

"Some of them are and some of them aren't," said Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press in Arlington Va.

Kevin Qualls, assistant professor of journalism at Murray State University in Kentucky, said a journalist, at least connotatively, is someone who gathers facts and provides analysis.  

Howard Bashman, an appellate lawyer in Philadelphia who runs his own appellate-related Web blog, argued many of the aspects of running a blog, such as deciding what you want your readers to focus on, are editorial functions.  

Another issue discussed was libel and defamatory comments in blogs and social media outlets such as Facebook.

"The law is the law, we know how to handle the libel," Qualls said.  "How are we going to even out uneven procedures?"

Most of the panel members agreed that anonymous bloggers who make a negative comment should take responsibility for what they write.  

Dalglish said one way she hopes process of law is not developing in regards to bloggers is "by punishing people who say offensive things, not libel, but offensive statements."

Panelists also discussed the importance of credibility in journalism.   

 Corley Dennison, dean of Marshall University's W. Page Pitt School of Journalism and Mass Communications, said having corporate ties and structure in your career as a journalist allows you to be able to get credentials.  

 "Credibility is essential for the survival of the news industry," Policinski said.  
Qualls said he fears a lot of bloggers do not have the education to understand the different types of speech that are protected by law and those not protected.  

Despite the rising popularity of blogging and tough economic times for the newspaper industry, Policinski said he thinks news organizations will survive.

During the discussion, members of the audience were encouraged to ask the panelists questions pertaining to blogging and the First Amendment.  

The panel discussion was co-sponsored by Marshall University and the Supreme Court of Appeals of West Virginia.


   Kerissa Bennett can be contacted at bennett120@marshall.edu.