Does the Shield Law Apply?
Filed under: Blogging, Courts, Maryland, Media, Salisbury Politics
Struggling to retain some accuracy while sacrificing the truth, the Daily Times seems to be quite pleased that Worcester County District Court Judge Gerald Purnell has ruled that Maryland’s press shield law doesn’t apply to blogger Joe Albero. When was the last time the paper covered a civil motions hearing?
Before we go farther we need to remember something. Yesterday’s hearing in Snow Hill was simply a motions hearing. Salisbury Police Chief Allan Webster has yet to produce any evidence in court that Albero libeled him. Given that Webster has already been determined to be a public figure, his burden of proof is near impossible. IF Webster’s case finally does come to trial this summer he must prove that Albero’s statements were not true, that Albero knew that they were untrue AND that he still published the statements with malice. A tough nut to crack.
Back to the local barracks of the Gannett army. It is my understanding of Judge Purnell’s ruling that Albero was found not to be protected by the press shield law because Albero is not paid. IF Albero had offered evidence of earning revenue from Salisbury News (which he actually was at the time Webster claims that he was libeled), it appears that the shield law would have applied. This really doesn’t matter anyway because Judge Purnell ruled (based on another point) that Albero did not have to disclose the names of sources, which is the point of the press shield law.
Was this covered in Joe Gidjunis’ article? No. Instead Mr. Gidjunis follows his lead about the shield law not applying with a statement that “Judge Gerald Purnell decided Albero must explain the steps he took to verify the accuracy of content that Webster claimed defamed him.”
I have news for Gidjunis and his superiors at the Daily Times. If Mr. Gidjunis were sued for libel he would have to explain the steps that he took to verify the accuracy of his reporting, or face losing the case. Does anyone question whether the press shield law applies to Mr. Gidjunis? Of course not. It just suits the Daily Times’ agenda to compare apples to oranges.
I can only hope that the Daily Times will provide such prominent coverage to the actual trial. It would also serve the public interest for them to inquire into who is actually paying the legal bills for this little charade. If Webster can afford to expend tens of thousands of dollars to go after Albero, perhaps the taxpayers of Salisbury are paying him too much. If the taxpayers are footing the bill (without any appropriation for the funds) then some people deserve to go to jail. Oh, who am I kidding!
cross posted at Salisbury News
Disclosure - G. A. Harrison is a contributor to Salisbury News as well as several other online publications.
Technorati Tags: Maryland, Salisbury, politics, Salisbury politics, media, blogging, Gannett, Daily Times, courts, legal, press shield, Joe Albero, Allan WebsterSphere: Related Content
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Mr. Harrison,
I was wondering what your thoughts are concerning what Mr. Albero is doing to stiffle the free speech of the blogs that tell the other side of “Salisbury News” stories? I am sure you are aware of it, if not check out the “Gunpowder Chronicle” or “www.classyjoealbero.blogspot.com”
Thanks,
Oh, the email I typed is fake because of your association with Mr. Albero you obviously approve of his methods.
Joe Albero is the scum of the Internet. He uses his money to crash his way into places and to keep up his silly blog (which is really a free blog). Someone wrote that a blogger is a journalist when he acts like a journalist. That leaves Joey out. His money is toxic and he should not be tolerated.