In Is this Blog Justice?, Philip Young questions whether the reposting of a photograph of Jackie Danicki’s alleged attacker on the London Underground by others is ethical:
“If someone we know were to be attacked we’d all want to do what we could to help. We might think that a reasonably well read weblog offered a useful platform for doing so. But would it be ethical?….
… as the CIPR [see the Chartered Institute of Public Relation’s Social Media Guidelines — Consultation here] thinks about a social media code of conduct which includes issues of competence, I wonder if this incident highlights an important distinction between citizen journalism and its more established equivalent?”
(A quick point: Please read Jackie’s disturbing story, as well as the additional information she leaves in the comments on her post. Also note that I’m using the word “alleged” here not to question Jackie veracity, but as a legal term reflecting the status of her claim.)
Perhaps I’m mincing words, but I’m not sure the question is one of ethics as much as asking whether the republishing of the photograph of the individual in question is the right thing to do vs. whether it is legally sound to do.
If this man is the person who actually committed the assault (which is the issue here), then one could argue that finding him and bringing him to justice is a social responsibility, part of which is asking the public to help identify him. One could further argue that republishing his photograph on a private blog is not that different from publishing it through an official law enforcement site, at least conceptually, assuming the original source of the information is reliable. Furthermore, since the attack occurred in a public setting, an argument of invasion of privacy by the assailant could not be as easily made.
However, whether this is a legally sound action is another matter. Should any initially unknown facts or issues arise, anyone who has republished the photograph puts themselves at greater risk than simply having linked to the original post or Jacki’s Flickr picture (which, by the way, as of right now has been viewed 2,604 times). And should the assailant make any counterclaims of harm caused him by the publishing or republishing of the photograph (stranger things have happened), then anyone who has participated in this may be on the line as well.
For what it’s worth, I commend Jackie for having handled the attack as she did — by filing an official report, by publicly sharing her story, and by having the wherewithal to take a photograph of the alleged assailant and posting it on her blog. Hopefully the perpetrator will be caught soon.
While there is a good reason we have a democratic legal system with corresponding laws that help guide societal behavior (the always debatable issue being, of course, to what degree the legal system impacts individual and societal rights), it’s bothersome when the law gets in the way and isn’t as progressive as perhaps it should be.
Case in point is an ABA eReport article that discusses a New York State proposal that would designate legal blogs as advertising, thus subjecting them to state scrutiny and regulation:
“The storm was set off by a proposal that ‘computer-accessed communications’ such as blogs be included in New York’s definition of legal advertising, and therefore require state scrutiny. The proposal, by a committee created by the state’s Administrative Board of Courts, also suggests the state code of professional responsibility extend court jurisdiction to out-of-state legal advertising that appears in New York….
And if blog posts must be approved, what’s the point? ‘This seems to be another in a series of recent regulatory efforts by state bar regulators that seem woefully out of touch with the Internet era,’ wrote Dennis Kennedy, a St. Louis lawyer who posts at Between Lawyers.” [Read Kennedy’s post If Lawyers Can Advertise in New York, They Can Advertise Anywhere…But They Probably Can’t.]
Equally bothersome, however, is when individuals expose themselves to legal liability by doing something that appears to be intentionally stupid. I’m referring to examples provided in the USA Today article Courts are asked to crack down on bloggers, websites, such as posting false STD information about someone on Don’tDateHimGirl.com or setting up a fake MySpace.com page that contains obscene content. Not very smart — and that’s an understatement.
BlogOrlando’s Legal Issues session will give us an opportunity to cover some important areas, such as whether bloggers are considered journalists and if so, what legal protections they may have; libel & slander (and the role of satire); how to protect against liability regarding blog comments left by other people, and so on. And if there is time, I’ll also talk about what conflict management approaches, short of using cease and desist letters or initiating other legal action, may be open to bloggers.
In other words, this session will provide basic information that ultimately will help bloggers avoid some mine fields and allow them to focus on what they really enjoy doing — communicating and interacting with our readers and others in the community.
Here’s a brief list of some helpful sites to know about:
And these lists of blogs, compiled by 3L Epiphany, are also good information sources and commentary to keep on hand:
In a historical move, the U.S. federal government yesterday provided online access to 1,195 of the 1,202 exhibits admitted into evidence during the trial of U.S. v. Moussaoui (United States v. Zacarias Moussaoui, Criminal No. 01-455-A), making this the first time a federal court has done so in a criminal case.
The exhibits offer insight into one of the most important legal cases of modern history, and their emotional impact can’t be overestimated (the exhibits include actual 9/11 video footage and recorded calls, a collection of photos of the victims, as well as graphic photos of bodies found inside the Pentagon after Flight 77 crashed into it).
As explained in the overview, the exhibits are organized first by the party seeking their admission (Prosecution Trial Exhibits are available here and Defense Trial Exhibits are available here), second by the phase of the trial in which they were introduced (Phase One concerned Moussaoui’s eligibility for the death penalty, and Phase Two concerned whether he would be sentenced to death or to life in prison without the possibility of release), and third, by exhibit number.
Divorce is always a sad thing, but especially when dependent children are involved. However, regardless of any past animosity between former spouses, communicating effectively with each other on a regular and ongoing basis — and approaching the raising of kids as a team effort — is usually beneficial to everyone in the long run.
Fortunately, there are tools available to help adults manage the logistics of two or more households and schedules.
The KidsNCommon site (fee-based, free for 30 days), for example, helps parents establish a “community” within which an invited person — the other parent, a relative, a friend, or even the child — gets access to customized information. This information can include the Parenting Plan (a good resource on parenting plans is ParentingPlan.net), the Documents page, the Bills page (with tabs for Shared Expenses, Child Support, Spousal Support, Bank Accounts and Service Vendors), and the all-important Calendar page. The Calendar allows invited community members to see upcoming events organized according to categories such as Payment Reminder, Work, School Event, Extra Curricular, Recreation, Travel, Vacation, Holiday, Co-Parenting Meeting and Legal — with optional email reminders sent out as well.
KidsNCommon offers other services and benefits as well. For example, community members get their own email address, such as email@example.com, that helps everyone stay in touch and receive schedule reminders. The site also offers information on topics such as child health, dealing with the psychology of divorce, and balancing families, careers and other relationships.
ShareKids.com (fee-based) is another site that offers an easy online location to share information and manage schedules, keep track of shared expenses, create photo galleries, and even create private chat rooms.
Sharekid.com also links to other valuable resources such as the Family Mediation Inc.’s downloadable (and, at under $20, affordable) Child Custody Parenting Plans book with forms, and the international non-profit Bonus Families that coined the beautiful term “bonus” to describe “a stepfamily or a single parent living with their children and another adult partner” (I highly recommend this site).
In addition to the importance of streamlining communication and schedules for the sake of the children, maintaining and fostering strong parent-child bonds is crucial to helping kids adjust to their new family status, particularly in cases where physical or legal custody is awarded to only one parent.
Virtual visitation can be an important part of helping the non-custodial parent maintain close ties with his or her children, whether the parent lives nearby and can’t see the child every day, or lives further away, precluding frequent in-person time together.
InternetVisitation.org describes virtual visitation as “using tools such as personal video conferencing, a webcam, email, instant messaging (IM) and other wired or wireless technologies over the Internet or other communication media to supplement in-person visits and telephone contacts between two people.”
The site offers practical how-to information on what’s needed to set up a call and a related forum discussing such things as VoIP, Skype, Vonage, video calls and video call accessories. Internet Visitation also lists the latest legislative developments; to date Utah, Wisconsin and Missouri have passed virtual visitation laws, with fifteen other states showing activity.
Finally, there’s also a must-read blog, Virtual Families and Friends.com, written by “virtual dad” Jim Buie and co-authored by his son, Matthew Buie-Nervik. An absolute gold mine of information.
The National Foundation to Prevent Child Sexual Abuse (NFPCSA) is calling for a boycott of McDonald’s restaurants after Nashville station NewsChannel 5 WTVF uncovered that nationwide, McDonald’s restaurants have hired “dozens” of convicted sex offenders.
According to the WTVF report, “McDonald’s says it has a policy against hiring sex offenders at its 8,000 or so company owned stores. But at the 18,000 franchise stores that operate under the golden arches, they’re free to hire anyone they want.”
WTVF’s investigation revealed nine sex offenders in Delaware, thirteen in Indiana and sixteen in Louisiana working in McDonald’s restaurants. But, unfortunately:
“We can’t tell you how many other child molesters or other sex offenders are working at McDonald’s restaurants here in Tennessee or anywhere else. That’s because in most states, including Tennessee, sex offender registries don’t have information about employers. So the public can’t find out — until something bad happens.”
No response yet on McDonald’s Corporate site.
Earlier this year the Animal Legal Defense Fund released a 3-page report ranking all fifty U.S. states and the District of Columbia based on the strength and comprehensiveness of their state anti-cruelty laws.
Although ALDF makes it clear that all the states’ laws need to be strengthened, the states that ranked best were California, Illinois, Maine, Michigan and Oregon, while those that ranked worst were Hawaii, Idaho, Kentucky, North Dakota and Utah.
The latter five states fell into the worst category because, among other things, they either did not have any felony anti-cruelty provisions or because, in the case of Kentucky, felony provisions applied only to select situations.
ALDF also provides a list of Jurisdictions with Felony Animal Abuse Provisions and the year of enactment.
By way of quick definition, a felony is “a crime sufficiently serious to be punishable by death or a term in state or federal prison… [or] a crime carrying a minimum term of one year or more in state prison,” [note: given the legal status of animals, whether wild or designated as “property,” the death penalty has never been, not is unlikely ever to be, imposed in any animal cruelty case], while a misdemeanor is “a lesser crime punishable by a fine and/or county jail time for up to one year… [and]are tried in the lowest local court such as municipal, police or justice courts.”
Gary Goldhammer wrote a thought-provoking post about the Zacarias Moussaoui verdict. Gary isn’t just your ordinary blogger writing about what is undoubtedly one of the most high-profile death penalty trials in United States history. He’s also the author of Dead End, a 1994 book that examines the financial and human costs of the death penalty.
For anyone who wants to learn more about the death penalty and how it is administered in the U.S., go to Pro-death penalty.com and the Death Penalty Information Center.
Here are some quick links of interest:
And to test your knowledge about the death penalty, follow this link to DPIC’s 10-question Death Penalty Quiz.
Ian Best, whom I first wrote about here, e-mailed me this week to let me know his Taxonomy of Legal Blogs is complete.
Ian has compiled a fantastic list that I know I’ll be turning to many times:
I. General Blogs
Advice for Lawyers and Law Firms
General Legal Blogs
General Blogs — Law and Culture, Economics, Politics, etc.
II. Blogs Categorized by Legal Specialty
III. Blogs Categorized by Law or Legal Event
IV. Blogs Categorized by Jurisdictional Scope
Federal Circuit Blogs
U.S. Supreme Court Blogs
V. Blogs Categorized by Author/Publisher
Blogs by Judges
Book Supplement Blogs
Class and Student Group Blogs
Law Firm Blogs — Listed by Blog
Law Firm Blogs — Listed by Firm
Law Journal Blogs
Law Professor Blogs
Law Library and Librarian Blogs
Law Professor Blogs
VI. Blogs Categorized by Number of Contributors
VII. Miscellaneous Blogs Categorized by Topic
Blogs about Judges
VIII. Collections of Legal Blogs
Blog Post Collections
Legal Blog Collections
Legal Blog Networks
Aside from his actual taxonomy, he seems to have the blogging thing down. Ian has a page dedicated exclusively to responses to criticism. And he has dedicated pages requesting reader feedback on Organizational Method, Categories, Legal Blogs and General Comments and Questions.
Please check out his site.
Years ago I took part in a simulated hostage crisis exercise conducted by the Alexandria, Virginia Police Department. The exercise was created to help officers test their negotiation and their rescue skills and, as such, I and my fellow hostages were asked to play our roles as realistically as possible upon finding our bus taken over by a crazed gunman.
Keeping in mind that this was pre 9/11 and citizens still believed that their compliance might result in a safe release, we tried not to antagonize the gunman. We hoped for the best as he negotiated with the police and just prayed that he wouldn’t loose his cool — no one wants to be shot or killed, even in a simulation. When the officers finally stormed the bus and handcuffed us before dragging us outside onto the pavement, it felt all too real. (Quick note: the officers, not certain who among us was the gunman and who might have developed some loyalty to him, took the precautionary step of handcuffing us all.)
This little exercise reinforced my belief that law enforcement work isn’t easy. Between risking lives for modest pay to dealing with a distrust of police officers among certain segments of the population due to an abuse of the uniform by some, law enforcement work is frequently under-appreciated or even unappreciated.
Now the Washington Post reports that “more than 80 percent of the nation’s 17,000 law enforcement agencies, big and small, have vacancies that many can’t fill, police officials estimate.” With reasons ranging from service-minded people choosing to join the military, to an increase in baby-boomer retirement and a more educated population pursuing other career paths, the police shortage is being felt across the country.
According to the Washington Post, some counties, in an effort to attract viable candidates, are offering a variety of incentives such as signing bonuses (Prince William County, Virginia, for example, offers a $3,000 signing bonus), bounties for referrals and pay increases. Prince George’s County, Maryland even began a $1 million dollar advertising campaign last summer.
Police departments have taken other steps as well:
“Departments have dropped their zero-tolerance policy on drug use and past gang association, eased restrictions on applicants with bad credit ratings, and tweaked physical requirements to make room for more female candidates or smaller male candidates, police officials said. Departments also offer crash courses in reading and remedial English for the written parts of the entrance exam, and provide strength and agility coaches for the physical part — all of which have raised concerns about how qualified some of the new personnel will be.”
Unfortunately such actions aren’t without risk:
” ‘That [hiring less-qualified people] is clearly a concern, and police chiefs are very uneasy about that possibility,’ said Hubert Williams, president of the Police Foundation, a law enforcement advocacy group. ‘The question is, do we keep our radio cars empty or hire people who a few years ago we wouldn’t have hired? It is very problematic.’ “
This sentiment is echoed by others:
“There are concerns, said Elaine Deck, a researcher at the International Association of Chiefs of Police, that staffing changes and shortages could affect public safety and the well-being of law enforcement officers. The LAPD, for example, is too short-staffed to investigate complaints against its officers, so that many complaints from 2005 may not result in punishment until this year.”