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« Lush Life Update: Business Interruptus | Main | The TEA's Bottom Line » May 6, 2006Post-MortemAdAge.com has a good post-mortem on the Lance Dutson case now that the New York ad agency Warren Kremer Paino Advertising has dropped its lawsuit that was intended to intimidate a Maine blogger into silence who had been critical of the agency's work on behalf of the Maine Office of Tourism. The Ad Age piece looks at the case from the perspective of the advertising agency, as you might expect, but this was interesting: "It had really taken on a life of its own and it had really become more of a distraction to the business at hand, which is to advance the tourism industry in Maine," Tom McCartin, president of WKPA, said about his reasons for dropping the suit. "And above all, as I think any good agency would tell you, we have the interests of our client at heart."It's apparent now that McCartin and Warren Kremer Paino were naive about the blogosphere when they decided to sue a blogger who was merely exercising his First Amendment right to criticize a state contractor for its performance on that contract. I'm betting McCartin and his agency have a new-found understanding of the blogosphere and the new world of interactive citizen's media in which they operate. Dutson, who in addition to being a citizen journalist is a freelance Web designer who also does Internet advertising, told Ad Age he feels vindicated. "I'm a little stunned right now by the swiftness of this whole thing. It's just really the magnitude of the reaction of the media and particularly other bloggers on the Internet and how effective really shining the light of day on the situation was in making it go away," he said.I spoke to Dutson by phone Thursday for more than half an hour. He struck me as an intelligent and careful citizen journalist who just wants to tell the truth about the things he writes about. That makes him a good journalist - and because he likes to examine and write about his government, that's good for the citizens and taxpayers of Maine. Ironically thanks to Warren Kremer Paino, Dutson's Maine Web Report may just have emerged as an important new addition to the Maine news landscape. It's certainly going to have more readers now than before. And, because of the interactive nature of blog-based citizen journalism, that means Dutson's going to have more sources than ever before, too. Dutson is a member of the Media Bloggers Association, which played a critical role in marshaling a blog swarm to call attention to Warren Kremer Paino's intimidation tactics, which lead to mainstream media coverage, a deserved black eye for the ad firm, and the dropping of the lawsuit. In his own post-mortem, Dutson thanks the bloggers and lawyers who stood with him against Warren Kremer Paino's attempt to silence him through the intimidation of a lawsuit, and also credits the Media Bloggers Association: Bob Cox, Ron Coleman, and the Media Bloggers Association moves to a perfect 10-0 against this type of corporate bullying, and the world is now even more aware of the force that the blogosphere has become. ... The Media Bloggers Association, and all of the other bloggers who jumped into this fray, should be very proud today. Bob Cox has worked with me day and night to make sure this message was heard, and that it resonated throughout the media world. And it did. This resonance resulted in the vindication of all of us who have put our necks out to push for more accountability , and will serve as a warning to all of the other Tom McCartins and Peter Warrens who have been waiting in the wings, hoping for the precedent to be set that would allow them to launch their own assaults on the critics of government.Here's a story in a Maine newspaper on the dropping of the lawsuit. Also here is an excerpt of Chicago Trib blogger Steve Johnson's excellent analysis, published before the lawsuit was dropped, of the Dutson/Warren Kremer Paino fight, and what it reveals about the ad agency... Johnson writes: So a New York advertising agency is suing a Maine blogger who's been critical of the agency's Maine tourism campaign.Hamhanded and peabrained ineptitude. Johnson's just being nice. What Warren Kremer Paino Advertising needs now, more than anything, is to add someone to their management who has expertise in the blogosphere. I suggest this guy. And,finally, you can access all my past, current and future posts mentioning Dutson by clicking here. Posted in Blogging
Comments
The statement that "they decided to sue a blogger who was merely exercising his First Amendment right to criticize a state contractor..." makes me wonder - would Dutson have been liable had WKPA's contract been with a private company? In other words, if I criticize McDonald's new design plans as being "goofy," can their ad agency sue me for defamation, since its not a "state contractor?" Posted by: txcharlie at May 6, 2006 10:52 AMEr, no. I guess I didn't word that as well as I could have. WKPA wouldn't have had a case even if they weren't a state contractor. Dutson has a First Amendment right to criticize WKPA's public actions whether they are actions on behalf of the state government or a private-sector client. As long as he states facts correctly and expresses his opinion as opinion, he is in the clear. Posted by: Bill Hobbs at May 6, 2006 12:21 PM |
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