Kevin's In the House . . . or, Rather, the Senate!

Swami Goldberg takes a turn as Witness Goldberg.

FHH attorney Kevin M. Goldberg – you may know him as the Swami – doffed his seer gear recently and testified before the Senate Judiciary Committee. That’s the United States Senate, thank you very much. The occasion was a hearing entitled “We the People: Fulfilling the Promise of Open Government Five Years After The OPEN Government Act”. The general topic:  implementation of the Freedom of Information Act (FOIA) five years after the OPEN Government Act was signed into law. (The OPEN Government Act was the product of efforts by Senate Judiciary Chair Patrick Leahy and fellow Committee Member John Cornyn.)

Kevin testified on behalf of the American Society of News Editors and the Sunshine in Government Initiative. In his testimony he reviewed provisions of the Open Government Act that have worked and those that have not; he also addressed the Obama Administration’s faithful implementation of that law and the requirements of the FOIA generally. 

He made five specific recommendations for further amendments to the FOIA: 

Strengthen the Office of Government Information Services, also known as “OGIS” but informally referred to by many as the “FOIA Ombudsman”, by increasing its funding and its independent authority to hold other agencies accountable;

Hold OGIS itself accountable, requiring it to exercise its advisory opinion power to create a record that FOIA requesters themselves can use to hold agencies accountable; 

Hold all governmental officials individually accountable by making information disclosure a part of every federal government employee’s overall performance review;

Codify the disclosure-friendly standard previously described by Attorney General Eric Holder in a March, 2009 memorandum. Under that standard, information should only be withheld from disclosure if foreseeable harm would result from the information’s disclosure;

Save taxpayers some money by encouraging agencies to adopt a new processing system (currently being tested) known as “FOIA Online” as their existing software contracts expire. 

You can snag a copy of Kevin’s written testimony at this link, but if you want the full Kevin Goldberg Experience, check out the video of the hearing at this link.  Total wonks will likely be transfixed through the whole two-hour extravaganza, but members of the Kevin4Ever Fan Club will probably want to cut to the chase by scooting ahead to the 1:44:00 mark (or thereabouts) and watching through 1:48:44. That’s where he delivers his testimony. Then you can flash forward to about 1:55:00, which is the start of some back-and-forth that culminates in three minutes’ worth of follow-up observations by Witness Goldberg, beginning at 2:00:39 and running through 2:03:16.

Kevin aficionados will doubtless swoon when the Man Himself gets a laugh out of Senator Al Franken, no stranger to humor (that’s at 2:00:39), or when he stirringly professes his love for his wife Brenda (at 2:01:50, but be sure you have some Kleenex handy before you hit the “play” button), or when Franken observes -- accurately --  that Kevin, in his testimony, managed to work in cites to Jerry Garcia, Bruce Springsteen and his wife (check it out at 2:01:58).

And for more Kevin G, take a gander at his op-ed piece published recently by no less a Main Stream Media Member than USA Today.

Now Available Online: Our Review-2012/Preview-2013 Webinar

Earlier this week we reported on our plans to present a webinar covering a variety of hot button issues. The show went off without a hitch, and we’re pleased to report that, even if you missed it live, you can still catch the recording of the program by clicking on this link. Thanks to operator error (we’re lawyers, for cryin’ out loud, not audio techs), the recording misses the title and introductory slides (one of which featured photos of the presenters, Kevin Goldberg and Dan Kirkpatrick) as well as Frank Jazzo’s eloquent intro. It looks like Frank’s deathless prose has now been lost to the ages, but if you want to see all the PowerPoint slides, here’s a link to a PDF version

We want to again thank our friends at the 13 state broadcast associations who helped promote the webinar among their memberships. (Those would be Alabama, Alaska, Arkansas, Hawaii, Louisiana, Maryland/DC/Delaware, Mississippi, Nebraska, New Mexico, Puerto Rico, South Carolina, Tennessee and West Virginia.) We expect to be presenting more webinars in coming months, and we encourage you, our readers, to let us know what subjects you might want to hear about.

The Swami . . . Online!!!

 He’s ready for his close-up.  Are you?

You’ve read his stuff, and you’ve probably wondered – who is this Man of Mystery they call the Swami? Now you can hear him and see him as he expounds, with customary eloquence, about the Supreme Court decision in FCC v. Fox Television Stations. The Swami, Kevin Goldberg, is now available to you on the small screen (probably the one you’re reading this on). He quotes Cher. He quotes Bono. He quotes Nicole Richie. He does it all. Is this a great country or what?

Kevin’s online appearance comes to you thanks to our good friends at LexBlog, the legal-focused blogging platform that hosts CommLawBlog.  He sat down for a short Skype-based interview with LexBlog’s Colin O’Keefe, answering a few questions regarding the history of the case and the issue, the Court’s decision (and why it was unanimous), and the likely impact on broadcasters.   This is part of LexBlogs “LXBN TV”, a cool service that brings blog posts to life.

You can see all 12 minutes and 48 seconds of the interview here.

Kevin Goldberg: On the Journalism Beat

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.

Kevin Brings the House Down

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.

Kevin's In The House!

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.

FH&H Lawyer Speaks Out

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.

Upcoming Appearances: FHH On the Road Again!

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”.