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The Common Scold is named after a cause of action that originated in Pilgrim days, when meddlesome, argumentative, opinionated women who displeased the Puritan elders were punished by a brisk dunk in the local pond. Believe it or not, the tort lasted until 1972, when State v. Palendrano, 120 N.J. Super. 336, 293 A.2d 747 (N.J.Super.L., Jul 13, 1972) pretty much put it to rest. But the thought of those feisty women, not afraid of a little cold water, has always cheered me up and inspired me. I first used the moniker as the name of my humor column at the University of San Francisco School of Law many moons ago, and revive it now for this blawg!


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THERE'S NO SUCH THING AS A FREE LUNCH #4,123

Lunch_2 Bill Pollak, our eagle-eyed CEO, forwards a fascinating post from Poynteronline, a journalism site, once again chronicling the ever-escalating battle over the question of whether or not the process of blogging makes you a journalist, and if so, are you obligated to conform to traditional journalist ethics. Especially on the topics of freebies.

Steve Outing writes about a turf war between Jason Calacanis of Weblogs Inc., and Nick Denton, of Gawker, who are fighting over whether it was proper to accept a free press junket from Siemens to the CeBIT conference in Germany. Siemens picked up the tab for Gizmodo to attend and get some exclusive access, in exchange for its an agreement that its two bloggers would write a specified number of posts about the event.

Here's my position (again). Don't do it! You can lose your credibility -- your independent reputation -- in the blink of an eye. Accepting anything in exchange for coverage would get me fired in a heartbeat. I simply would never do it.  It's a core value of journalism. And I never, ever accept travel or accommodations from any vendor, not even when I'm invited to keynote or speak at their functions. I have to be little Ms. Switzerland. It's all about credibility.  I would never knowingly do anything that would taint my actual -- and appearance of -- complete neutrality in my reporting.

There's an old radio baby boomer term for it: PAYOLA.

In fact, you have to be very very careful of accepting ANYTHING from a vendor.... and that's easier said than done, because it's not always an easy line. There's a big difference between routine marketing gimmicks or social courtesies. You don't want to freak out and act like a total geek jerk if somebody sends you a can of popcorn in December. We use a $100 rule at ALM, and I'm even stricter with my LTN staff and writers ($50 as a general rule, and 5 cents if it doesn't pass the "smell" test). Here's our LTN ethics guidelines, which I provide to our regular contributors and editorial advisory board members:  (It's a word doc, virus-free to the best of my knowledge, for the paranoids among you.)

Download ethics305.doc

Of course, the heart of this discussion brings us again to the interesting question of, "Are bloggers journalists?" I don't know the answer to that, in all its nuances, (I think the answer may be yes, because the definition of journalism is changing).  But I know, for me, that I'm a journalist, who happens to blog as part of her job. Journalism defines my job, not the particular media I use.

March 10, 2005 | Permalink

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Listed below are links to weblogs that reference THERE'S NO SUCH THING AS A FREE LUNCH #4,123:

» Payola: On Calacanis vs. Denton and the subject of free lunch from Legal Blog Watch
The Common Scold has great links to a Jason Calacanis (Weblogsinc.) vs. Nick Denton (Gawker/Wonkette) dustup [Read More]

Tracked on Mar 10, 2005 4:12:51 PM

» Payola: On Calacanis vs. Denton and the subject of free lunch from Legal Blog Watch
The Common Scold has great links to a Jason Calacanis (Weblogsinc.) vs. Nick Denton (Gawker/Wonkette) dustup [Read More]

Tracked on Mar 10, 2005 4:23:54 PM

Comments

Tough question. I think that, ultimately, it is the conduct and the professional behavior of the blogger within the context of the blog that determines the answer. I certainly don't consider myself a journalist. Yet, tons of noted journalists have daily blogs. I consider their blogs extensions of their work product. Thats just my 2 cents.

Posted by: Matt McCarrick | Mar 10, 2005 12:15:31 PM

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