Monday, July 6, 2009

Politically Microwaved

On Hardball tonight, one of the pundits said Sarah Palin had been "microwaved, politically." What a visual.

On Twitter, the clever play-on-words winner "pourmecoffee" coined, "Iquitarod."

What got me interested in all of this was Palin's threat of a defamation suit against a high-profile Alaskan blogger named Shannyn Moore.

Ms. Moore reported, on her blog, the RUMOR that Ms. Palin is allegedly under investigation for awarding certain state contracts to folks who allegedly helped build her house.

This is, let me be clear, a merely a RUMOR. A spokesperson for the FBI categorically denied it is investigating Sarah Palin.

So what is a blogger's legal exposure when she blogs about rumors and is careful to note they are only rumors?

How much does blogger liability insurance cost?

Do bloggers enjoy the "
reporter's privilege" afforded to "main stream" journalists?

Who or what is a "main stream" journalist, anyway?

Does Palin foolishly think resigning would turn her back into a "private person"? Her "public person" status makes a
defamation suit nearly impossible to win.

Is Palin's threat to sue Shannyn Moore a preemptive strike? You know, so we'll all believe she's innocent? Because truth is an absolute defense to a defamation suit . . . last time I checked, anyway.

But these titillating ponderings are not what keeps me up at night. No, I never really got past Iquitarod.

It's making me think weird things . . . like:

* Ididderbod
* Ifibberod
* Ibitterod
* Imlightningrod
* Imnotafraud

And last but not least,

* Iwanterbod.

24 comments:

Skunkfeathers said...

Sarah'd probably have as much chance with that lawsuit as the sheriff's dep would have filing on me 20 years later, for that *bonk* behind the ear ;-)

The Mother said...

You can't pose such thought provoking questions without answers, Lawyer Mom. If you can't tell us what bloggy liability looks like, who can we turn to?

BTW, I heard another bloggy rumor that the Queen of Alaska resigned because her affair was about to be exposed. Another family values pol in sexual hot water?

A Lawyer Mom's Musings said...

Skunkfeathers, you're good. You've got the statute of limitations firmly on your side.

Mother, I've been thinking about blogger liability for quite a while now. But until I come up with a bright-line answer, which will probably be never, couch everything you write in "in my opinion" language . . .

Because, in my opinion, opinions are rarely actionable.

Kristina P. said...

I have been away this weekend, so I haven't really been following the reason for her resignation.

I was just listening to NPR, and the pundits on there said that she is not being investigated, but that she has burned a lot of bridges in Alaska, and she is not well liked. I guess we'll see what happens!

Middle Aged Woman Blogging said...

When was the last time you knew the FBI to tell the truth? I have no idea if she is being investigated, but trust me, the FBI isn't gonna tell ya. My son was an FBI agent so...... just sayin'

A Lawyer Mom's Musings said...

Oh, and let's not forget "Iquitarod wins the Itwitterad"!

Middle Aged Woman Blogging said...

Check this out.... you are so hip!! I read about it on your blog first!

http://www.salon.com/opinion/walsh/politics/2009/07/05/palin_lawyer_letter/

LadyFi said...

That last one: Iwanterbod - is hilarious!!

Good questions you ask! Wonder where it will all end...

JennyMac said...

Iquitarod made me laugh out loud. Great post. I read yesterday in Huff Post there is more scandal to come.

The Dental Maven said...

Does the Lawyer Mom know of any cases where bloggers have been successfully sued? And for what?

Thanks LM!

Michele Renee said...

Since the media (and all kinds of it including entertainment media) is where most people get their news, I say it is so, so, so powerful.
Interesting thoughts about blogging.

Vodka Mom said...

that is the FIRST time I hear Iquitarod.


I LOVE IT!!

Meximom said...

Ah ha ha ha ha! I love iwantherbod! In my humble opinion, one of the reasons that McCain lost is because of his, no private, running mate. She makes my skin crawl.
Great post! i am so glad to finally find a moment to read your blog (or anyone's).

Sara said...

This is like Brittany Spears meltdown all over again.
How long til she shaves her head?

Sara said...

OK, I spelled her name wrong. "Britney Spears."
I'm actually kind of proud of that.

the Mayor said...

Because I have been so lazy since school ended a couple weeks ago, I can definitely get behind the phrase,
"Iwanterbod".

honeypiehorse said...

I'm so jealous! I wish corrupt politicians would quit because of my blog.

alicesworld said...

Is there blogging liability? What are the rules? Are there any? I wonder if there should be. I mean do people really have the right to their own opinions? I had a grad school teacher who scoffed at the idea of a right to opinions. It's an interesting debate. What IS actually going on with Palin? I feel so out of the loop when I work too much.

bernthis said...

Iwantherpod - been in that head space for a long time

Christine said...

At least, unlike other governors, it's not "IsplitwithTodd."

Becky said...

Ishotmywad?

Egg-cellent post, lady. I am getting the sinking feeling that we're going to be hearing about her for the next 3 lifetimes, or until 2012, whichever feels shorter.

The Stiletto Mom said...

I just read something about this, a blogger not having the same rights as a reporter tied to a "reputable news outlet". No really, like five minutes ago. So yes, we all need to be careful what we say because we are fair game!

The Stiletto Mom said...

Ok just when I thought I was all smarty pants and what not, I went back and read it. It was a NJ court that had a ruling about a shield law which allows people to protect their confidential sources. I'll send it to you. There is a lot of debate going on right now though about what liabilities bloggers should face for things like product reviews etc. Pretty hot topic!

A Lawyer Mom's Musings said...

Blogger liability is a HUGE topic. I'm on it . . . though it will take me longer to compile a list of tips than it did for me to figure out the subprime, then prime, then commercial mortgages . . . crash. So be patient.

In the meantime source your stuff (I do links) and be sure to distinguish what you write as either fact or opinion.

As a general rule (and do bear in mind I went to law school some seventy-five years ago) your opinion is protected free speech.

So if it's your opinion you're expressing, be sure to say so, including product reviews: e.g., "in my opinion, this was the most wretched, fat-filled hamburger I ever ate."