May 24, 2007

Blogger Sued

A Hawaii blogger is being sued by someone who wants to force the blogger to give up her confidential sources...

For the last five years, Hawaii Reporter has repeatedly shown what a few dedicated and talented people can do with hard work, a very few bucks, and a nose for news. The independent Internet publication covers every aspect of island life and politics, and its watchdog role is an absolute necessity in what is virtually a one-party state.

Now editor Malia Zimmerman is under subpoena for her confidential sources, e-mails, phone records, notes and photographs, for a story she reported about the failure of Ka Loko Dam on Kauai, which resulted in the deaths of seven people. The subpoena comes from lawyers for landowner James Pflueger, who owns much of the land around the dam, and whose responsibilty for the accident is under investigation.

More is at issue than the details of the case, as Pflueger's lawyers are challenging Zimmerman's status as a journalist and her entitlement to protect her sources, merely because no trees are killed to create her publication.

"It seems to me that if a blogger is a journalist, everyone can produce a blog and never be subject to a subpoena," Pflueger's attorney said. His position received support from University of Hawaii constitutional law professor Jon Van Dyke.

"How does she differentiate herself from the zillions of other people who use the Internet, posting things on MySpace or whatever?" he asked. "If we're going to give special protection to the press, we should have some idea of who's in it and who's not."

Take a look at Hawaii Reporter. There is no doubt that it is anything other than journalism.