CommLawBlog : Broadcast & Communications Lawyers & Attorneys : Fletcher Heald & Hildreth Law Firm : Telecommunications, FCC Regulation, Communications Act

Here’s a reminder for all our readers. We here at FHH do more than FCC work. Our team has expertise in a variety of other communications areas, from corporate governance to lobbying to intellectual property to . . . journalism law. 

That last area, journalism, has been in the news recently, thanks to the case of Obsidian Finance Group, LLC v. Crystal Cox. That’s the case that triggered a lot of buzz when U.S. District Judge Marco Hernandez ruled that Montana-based blogger Crystal Cox is not a “journalist” for purposes of the Oregon shield law. (Ms. Cox was being sued for defamation after writing unpleasant things about an Oregon financial firm.) The Internets were outraged. How dare some judge say that bloggers aren’t journalists? Just another case of some old guy wishing for the days of yesteryear, right?

Just ask our own Kevin M. Goldberg, legal counsel to the American Society of News Editors (the nation’s largest trade association for editors of daily news publications). As Kevin writes on the ASNE’s website (we can’t keep all of Kevin’s good writing to ourselves), the judge’s ruling is (a) largely misunderstood and (b ) in many respects, correct. For that reason – and for reasons related to where Judge Hernandez gets it wrong – the ire about Judge Hernandez’s ruling is misplaced and certainly overblown . . . especially since the case probably will be consigned to the dustbin of history sooner rather than later.

You can read Kevin's analysis here.

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On December 16 FHH’s Kevin Goldberg testified before the Subcommittee on Information Policy, Census, and the National Archive of the House Committee on Oversight and Government Reform on the topic of “History Museum or Records Access Agency? Defining and Fulfilling the Mission of the National Archives and Records Administration”.

By all accounts – including Kevin's – the hearing went very well, with witnesses pressing the National Archives and Records Administration to do more to make government information available online and to process Freedom of Information Act requests in a more timely manner.

Kevin’s full written testimony – delivered on behalf of the Sunshine in Government Initiative and FHH client the American Society of News Editors – has now been posted to the Subcommittee's website. Check it out.

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Kevin Goldberg To Testify Before House Subcommittee

FHH’s own Kevin M. Goldberg will be testifying before the Subcommittee on Information Policy, Census and the National Archives of the House Oversight and Government Reform Committee on Wednesday, December 16, at 2 p.m. 

The topic of the hearing is “History Museum or Records Access Agency? Defining and Fulfilling the Mission of the National Archives and Records Administration”. Kevin will be representing (a) the American Society of News Editors, an FHH client, and (b)the Sunshine in Government Initiative, a coalition of nine media organizations (including ASNE) dedicated to promoting open government. 

The hearing will be held in Room 2154 of the Rayburn House Office Building, if you’re in the Washington area. If you’re not nearby but would still like to catch Mr. G’s testimony, you can watch the hearing via live webcast on the Subcommittee’s website.

Check back after the hearing for a link to Kevin’s full written testimony.

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New-technology advocate talks about delays at the FCC

You have read the recommendations of our colleague Mitchell Lazarus, both for industry and for the FCC, on how to alleviate problems caused by long delays at the FCC in approving new technologies.

Now hear Mitch address the issues in his own voice, in a recent MyTechnologyLawyer.com interview with Andrew Kreig. Listen on-line or download.  Mitch’s two segments begin 18 minutes in. And if you want to put a face with Mitch’s voice, his photo adorns the interviewer’s blog (which hails Mitch as a “spectrum expert”).

Mitch is the second FHH attorney to be interviewed on MyTechnologyLawyer.com in recent weeks. Last month it was Kevin Goldberg, who expounded on sports credentialing and sports media. You can listen on-line to, or download, Mr. G as well.

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If you’re planning on being in Indianapolis this coming weekend, be on the lookout for Kevin Goldberg, who will be speaking at the Association of Capitol Reporters and Editors 2009 Conference at the Hyatt Regency there.  Topic: legal issues affecting bloggers.  Kevin’s scheduled to take the mike at 10:45 a.m. on Friday, August 21. (Look for the session on “Blogging within the lines”.)

 Next month, Kevin will be speaking on legal issues surrounding sports credentialing at the National Press Club on September 16 at 10:00 a.m. And from 2:00-3:00 that afternoon, he’ll be participating in a National Press Club webinar entitled “Understanding the Shield Law: What journalists need to know for the upcoming Congressional debate”.

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