Bloggers and the First Amendment
Sep. 6, 2006 at 8:31 PM
Blogging
How much First Amendment protection do bloggers have?
In another First Ammendment issue, Scott Somerville let's us know that that blogs are not subject to the Mc-Cain Feingold Act.
On his blog, Tim Vance seems willing to go the distance for his right to say what he thinks,Ligonier Ministries Inc., a Lake Mary religious publisher and broadcaster, is asking Circuit Judge Debra S. Nelson to stop blogger Frank Vance from posting any more slurs about its president, Timothy A. Dick.
In the past five months, Vance's blog has described Dick as part of a "family of nincompoops," "a very corrupt man" and "a lying, thieving con artist," according to the lawsuit.
Two weeks ago, Dick and the ministry sued Vance for defamation, asking for unspecified monetary damages.It also asked for something that judges have historically refused to impose on news organizations -- a publishing ban.
Media lawyers call that "prior restraint."
At this time I'm weighing my options and haven't decided what my next move is. One thing is for certain though, I won't be backing down. If Tim Dick wants a fight then I say "Bring it on."Mr. Dick is the son-in-law of R.C. Sproul. This is one case all bloggers should take note of. (HT: Cindy)
In another First Ammendment issue, Scott Somerville let's us know that that blogs are not subject to the Mc-Cain Feingold Act.
Blogs are not subject to this ban, so from here to November 7th it's up to us to speak out for freedom of speech. You are welcome to use this space to endorse or criticize any candidate for federal office!So I'm confused. If Ligonier wins their case, does that mean bloggers can criticize someone running for President, but not criticize the President of a ministry? Blogs are still so new and the law is still trying to catch up. Greg Herbert, a First Amendment lawyer in Orlando, said,
"I think a lot of judges don't know what a blog is."Related Tags: R.C. Sproul, Frank Vance, Lionier Ministries, First Amendment, blogs, blogging
2 Comments and Trackbacks
posted by jacobsacademy on Sep. 7, 2006 at 7:26 PM
"...a lot of judges don't know what a blog is...."
that made me laugh out loud ~
:)
Harriette
posted by Anonymous on Sep. 8, 2006 at 5:15 PM
But it might be a good point. A Judge is the expert of applying the law; but this application might be faulty due to his lack of understanding of what blogging is, not that he does not understand the law. I think this was mentioned out of perplexity of what might have been poor rulings in the past. Understanding what a blog is, in order to apply the law to a blog, involves more than a mere cursory description; in fact, it is experiencing a blog that is journalistic in nature in a real life situation that I think might be crucial in understanding how law should apply to blogs. Vance has a good article linked to on law and blogs....on my site too.
Michael Metzler
www.poohsthink.com