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Wednesday, November 16, 2005
OSM Launch: Lunchtime Notes, Judith Miller Speech on Shield Law
Judith Miller hunkered down with a notably beefy security guard hovering over her at the conclusion of the morning session...
Two tables reserved up front for the main media speakers - what happened to the citizens? The comment from the audience about the Times fashion reporter who didn't care what the average person wears is to the point. The citizen aspects of this venture are yet to be seen in their purest form....
Roger Simon intro to Glenn Reynolds: "The George Washington of weblogging."
GR - Journalism - was a time when a journalist kept a journal, time was correspondents corresponded, became person with microphone and excellent hair, going back to original meaning. reporting on what's going on, part of bigger scheme of things. Getting rid of professionalism of reporting, journalists want a guild, I'm a lawyer, we have a really good one. It's safer, keep those "common" people from having much say, makes you a repeat player in the game and you get a lot of privileges, look at reporters in courthouse versus jurors. Everyone wants to be special, politicians like journalists to be special. Shield laws - if you do it at least the way proposed legislation hold it it's a profession, but he sees it as an activity.

Judith Miller - Thank you for the introduction, even if you are a lawyer...
Don't usually open speeches my quoting Karl Marx, reason for our being here, gotten a few things right, changes in production create changes in consciousness, saw that it was having profound effect, but he didn't see that changes in consciousness create changes in production, both are happening today. Changes how people work, how they gossip, internet pushes for more diverse sources of information. Impact on journalism is already clear. Didn't know what MSM meant until boned up on things, great for profession, great for craft, great for stories broken. Michelle Malken took excerpt from soldiers letter to make a point. Also see desire of MSM to be faster, better, more diverse in response to blogging phenomenon. Drudge's experiments have become established entities, taken seriously by MSM, they are becoming "us", old fogies face challenges that they face, issues of reliability and financial survival, facing confrontations with government and their sources of information. Hasn't happened yet but not long before blogger may be subpoenaed to provide notes and information that government wants and face jail as I did. No info in jail, got Web site just before in jail, young journalist suggested it, need for greater protection for bloggers and general media. Many bloggers will be needing federal shield law to protect relationship between source and reporter, essentially what 49 states have done with shield laws and judicial protection.
Highlighting role of bloggers in my case, went to jail rather than surrender notes for a story not written, although no story interviewed WH official, NYT agreed was honor-bound. Fitzgerald asked for waivers of confidentiality, took it to heart, blanket waiver almost an employment contract, could not reveal source. Went to jail for 85 days. Only after source wrote very personal letter asked if it was truly voluntary. Second component, had to ensure that other sources who had not discussed Plame-Wilson affair would be protected. When I went to jail didn't have a personal waiver, felt I had to go to jail, every journalist must come to own decision. didn't have much choice. Didn't see many papers in jail, got WSJ subscription eventually, people held up sheets printed out to glass, like bad B movie, bad girls in jail. Even reporters critical of handful of stories before Iraq of non-existent WMD believed that stance on first amendment and right of public to know. Many bloggers were not restrained, some questioned motives, conjured up million-dollar book contracts as motivations. Wrote stories about family and friends that were hurtful to them, but didn't have internet in jail, couldn't say things that would look to judge like a platform for self-promotion. Was instructed by attorneys to be silent and I was, in spite of gossip being spread. After out of jail, source Scooter Libby wrote letter, Fitzgerald made it clear was only on Libby. Got out of jail got what other reporters had not gotten, set high standard. When I emerged was hit with a tsunami of questions on reporting, gave most complete testimony, I became news, lead to decision to leave paper. Found it difficult to remain as a reporter given swirl of controversy. Wanted people to focus on inquiry on Plame Wilson affair, on other journalists in danger of going to jail, need for federal shield law for bloggers and MSM journalists. Neither MSM nor bloggers have been interested in my view of threats to freedom of expression, easier to gossip than to look at threat. Focusing on gossip diverted public from threat to media. After initial controversy died down journalists are now looking at this, asking journalists to look at the legislation. Free Flow of Information Act - not providing protection for reporters, not reporter preservation act. we're special, we are informers of the public, merits protections, more a right to know law. Good proposal, will not cover all bloggers, definitely cover reporters not registered whose business is distribution of info, but would cover many bloggers, for print, electronic or other means. People who express unreported opinions will not be covered, but bloggers in business to report information from open and closed sources and do it regularly and is serious should be covered by statute. Don't have an are you making money standard, only WSJ and porn sites would qualify. But if everybody is covered nobody is covered, will not make its way through Senate. Senators Congressman concerned about giving millions right not to testify in grand juries, legislation gets it about right. Courts will decide who's covered. But for those who want coverage by shield law, for bloggers want to be part of the MSM club, will have to abide by certain rules of the road, certain standards that have developed to prevent stories that hurt her from circulations. MSB - mainstream blogging, if you want to get into MSM club a few simple rules. First commandment be honest about who you are and where your funding comes from. Don't have to look too far to find people who aren't. Check your stories - call up the source for comment, if you can't call up the source say can't reach source for comment, not as pro forma disclaimer for slander, make genuine effort. If the subject of your article denies and has corroboration say so, it just might be true. Rumor of book contract denied by publisher agent lawyer and NYT, none of which had impact on story circulation. If you are wrong, acknowledge it. If you are wrong, and we're all going to get it wrong, keep going until you get it right, journalism is the first draft of history. First amendment is for everyone, but that will not be standard for federal shield law, applies to lonely pamphleteer, like bloggers, these people deserve respect, to respect their views, but there is a difference between a reporter and a thumbsucker, we confuse those two things at our peril. We in MSM have been too calavier in printing information that passes as news, we try to live by rules but need to be more careful about what we put on airwaves. But there is no doubt that we're richer and better informed because of this phenomenon. Toying with idea to change my site into a blog, but beginning of a very important revolution. I welcome it, but hope that MSM standards still will prevail and will be embraced by blogging community. Welcome questions.

? Shield Law would not apply to your case?
My lawyers felt it would. Lawyers disagree on this, not clear to me that your hypothesis is correct, but need for law is clear. Colleague could face civil suit. Not about Judith Miller.
?Bill McGowan - Grey Lady Down book coming - were keller and sulzberger anxious about subpoena?
JM - can't comment, they were informed. NYT trusted and was in a position to verify, they knew exactly what they needed to know. NYT felt notes belonged to reporter, other papers felt that notes on their computers made them their own. Much more complicated when corporation is involved. Reports of NYT are premature, will going on doing great work, have no regrets.
JP - Libby walled off from other questions, can you speak with other litigation that you're involved with in Fitzgerald investigation.
JM - Was staring at lunch in prison, wondered what he was eating that day, watched him through years, don't think that he was motivated by anything but desire to get as much information as he could. Needed to talk to all reporters involved, needed to fill in chart. Man with a mission needed to carry it out, I had to protect my source, would like to have an ulterior motive but what you see is what you get with Fitzgerald.
? Killer app is to report. Would Tom Paine calling for overthrow of the British be covered by shield law? How can you do it?
JM - Will be difficult, but provides pretty broad definition, leaves it to courts to sort out. Best we can hope for until you let government decide who's a journalist, better to leave it to court.

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