Posts Tagged ‘new hampshire’

N.H. KingCast Blogger Lost His Pre-Election Challenge in Court

Thursday, November 4th, 2010

Here’s an update on the crusade of left-leaning New Hampshire blogger Christopher King to be able to attend campaign events of Kelly Ayotte, Republican for U.S. Senate.

The Nashua Telegraph reports today that King lost his pre-election request for a federal injunction that would have permitted him entry to Ayotte’s election-day party.

The party went on without him, and it turned out to be a victory party. The Sarah-Palin-endorsed Ayotte beat Democrat Paul Hodes. That keeps the seat – now held by retiring Republican Judd Gregg – in the column for the GOP.

In recent weeks King was bounced out of a Republican fundraiser by the Nashua police – at the organizers’ request – and was barred from attending Ayotte campaign events.

Despite losing the injunction, King is committed to pursuing the case and its crop of constitutional questions. As the Nashua Telegraph explains:

Those issues involve whether a private event that aggressively seeks media coverage can cherry pick which reporters attend and which don’t.

It is also about whether bloggers – including sharp-tongued partisans like King – will receive the same graces of First Amendment shed on mainstream journalists.

This is a case to watch.

N.H. Blogger King to Get Pre-Election Hearing

Monday, October 25th, 2010

Yesterday’s Nashua Telegraph reported that lefty New Hampshire blogger Christopher King has succeeded in getting his hearing for an injunction moved up to before the November 2 general election. King is seeking a court order to have him un-barred from Republican campaign events.

Blogs and Open Meeting Laws

Friday, June 4th, 2010

Massachusetts lawyer Robert J. Ambrogi at Media Law blog asks: “Does A Public Official’s Blog Violate the Open Meeting Law?

His answer: Maybe

Implode-o-Meter Decision Upholds Journalist Privilege for Website

Friday, May 7th, 2010

A decision out of the New Hampshire Supreme Court yesterday on the journalist/source privilege was a victory for a website that is a mix of blogs and longer-format articles with anonymous commenting from the public. The site, The Mortgage Lender Implode-O-Meter, is owned and operated by a company that has the coolest name EVER:

IMPLODE-EXPLODE HEAVY INDUSTRIES, INC.

That is awesome. Seriously. If they issue stock certificates, I would buy shares just to be able to get the stock certificate to put up on my wall.
But back to the law… The court’s opinion is here: The Mortgage Specialists, Inc. v. Implode-Explode Heavy Industries, Inc. [PDF]
The Implode-o-Meter Blog explains:
The case was The Mortgage Specialists vs. Implode-Explode Heavy Industries, Inc. (the owner of ML-Implode.com). It concerned items posted to MoSpec’s “Ailing/Watch List” entry — the 2007 “Loan Chart” data for the company, and a post by username “Brianbattersby” accusing MoSpec and its President, Michael Gill, of habitual/systemic fraud.
Sam Bayard at Citizen Media Law Project provides analysis here. The court held that the state’s qualified reporter’s privilege applies and Implode-O-Meter could use it to protect the identity of an anonymous source that leaked a loan document to the site. The court wrote:
[W]e reject Mortgage Specialists’ contention that the newsgathering privilege is inapplicable here because Implode is neither an established media entity nor engaged in investigative reporting.  … [W]e observe that: “Freedom of the press is a fundamental personal right which is not confined to newspapers and periodicals. . . .  The press in its historic connotation comprehends every sort of publication which affords a vehicle of information and opinion. … [quoting Branzburg v. Hayes, 408 U.S. 665 (1972)]“
The victory is, sadly, bittersweet for Implode-O-Meter. Since the privilege is a qualified one, the N.H. Supreme Court sent the case back to the trial court to engage in a balancing test. And that’s a problem, because Implode-O-Meter is now, thanks to lawsuits, out of money. Founder and publisher Aaron Krowne said yesterday:
We are pleased with the court’s ruling on the fundamental questions of free speech and find little to complain about in the analysis. … We are, however, perplexed that the case was not completely dismissed. … Besides the overall frivolity of the original action, we are unclear what valid issues involving us remain in play … At any rate, since we have been rendered insolvent by the expense of this and similar frivolous SLAPP suits, we aren’t sure how we will be able to mount a continuing “defense” at all.