Blogging To Jail

Josh Wolf, 24, self-described freelance journalist and independent videographer, remains in “custody” at the Federal Detention Facility in Dublin, California, after being charged with contempt because he refused to provide a federal grand jury with unedited video of a 2005 G-8 protest in San Francisco. The authorities wanted the unpublished portions as part of an investigation into crimes that may have occurred during the protest.

Wolf refused, claiming he is a journalist protected under the First Amendment, which is what makes for an interesting case study in the move ta o define a "journalist" in the United States. The primary reason some find it difficult to define Wolf as a journalist is because his experience is primarily as blogger. The secondary reason is that Wolf tends to move back and forth between activism and journalism.

“If I have any reservations about whether or not he is a journalist, it is whether he went there as an independent gatherer of news and information," Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press, told the Associated Press in an interview with reporter David Kravets. “We certainly hope that in the future if he goes to these events, he makes up his mind as to whether he is a journalist or a protester.”

On one hand, Wolf does have earned credentials as a journalist, including a 2006 Society of Professional Journalists award for Journalist of the Year. On the other, he has also participated as an activist and is generally seen as sympathetic to left-wing causes. Even journalists covering his incarceration, as well as those who have stepped up to help defend him, are unsure of whether or not he is best described as an activist or journalist.

Generally speaking, the question is easy enough to answer as a professional but difficult to answer as a person: am I an observer reporting the news or an active participant in making the news? And is there a point during some event when I might switch from observing into action? To save a life? To protect an officer? To prevent an abuse of power? In the strictest sense, the answer is no.

Journalists do not become active participants in the story, regardless of the circumstance, as unfortunate as this may seem. It is difficult to discern whether or not Wolf was indeed acting as a journalist, ironically, because the best evidence to determine this is precisely what he has refused to surrender.

I submit the real calamity here is not whether Wolf is a journalist or activist, publisher or blogger, but that when individuals abuse our civil liberties and rights guaranteed under the First Amendment (and I am not saying Wolf has done this), all sorts of crazy judicial opinions are rendered that could have long-term consequences such as the continuing erosion of the First Amendment. Case in point, presiding Judge Alsop offered up “This great country which has allowed you to be a journalist — sometimes your country asks for something back.'’

While his sentiment is sound, his statement is erroneous. There is only one person who ''allows'' another to be a journalist and it is not the government. A journalist is granted privilege by a publisher, even if they are one in the same. It is the publisher who is specifically guaranteed rights in this country as written: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

"The press" is not defined as a journalist in the First Amendment, but rather a publisher. Journalists are hired by publishers to execute these rights. And the only reason there is any confusion today is that the advent of blogging has made it possible for anyone to publish and reach a mass audience. In some ways, blogging has brought the press back to its roots of our forefathers, wherein anyone with enough money to afford a printing press could be a publisher.

Does that mean Wolf is protected? His edited video remains on his site today so there is no injustice there. So perhaps the real question is not whether he is a journalist, but whether or not he was a participant, observer, or acting member of the press. As a participant or observer, withholding the tape is an obstruction of justice. As an acting member of the press strictly covering the protest for publication (by a publisher), he is protected under the First Amendment. Case closed.

Now only if all these fine folks involved would stop working so hard to define 'journalistic rights,' perhaps they could tell the judge to review the tape and determine whether Wolf was a participant or not. If the judge determines Wolf was a participant, then it's a much easier case to decide and all of us will be free from seeing well-intentioned people continuing to muck up our First Amendment with definitions that do not belong there, including blogger, journalist, or whatever.

E-mailing History

The most convenient and abused communication method, e-mail, turned 35 years old today. The very first text message was forgettable, QWERTYUIOP or something similar, IT programmer Ray Tomlinson told The Sun reporter Josh Burt.

But it didn't take long before people became more inventive, writing e-mails they would never pen on paper. Burt includes five of the most famous cases in his commentary: Cringe! Worst e-mails ever.

• In 2000, Claire Swires sent a saucy note to her boyfriend while working at the London law firm Norton Rose. Her boyfriend forwarded it to a few of his closest friends, which turned Swires into a global talking point.

• Lucy Gao, who worked for Citigroup, demanded via e-mail that her 39 guests adhere to numerous ridiculous demands, including what time she would accept gifts and cards for her birthday.

• Joseph Dobbie spilled his heart out to a pretty girl over e-mail, blissfully unaware that his warm words to Kate Winsall would be forwarded to the entire world.

• Richard Phillips left his job as a senior associate with the world's biggest law firm, Baker & McKenzie, after he demanded a secretary, Jenny Amner, pay £4 to dry clean his ketchup stained pants. Amner replied to his e-mail, which she cc'ed to all 250 members of their staff: "I must apologize for not getting back to you straight away but due to my mother's sudden illness, death and funeral I have more pressing issues than your £4."

• Trevor Luxton, a clerk at Credit Lyonnais, made a big mistake when he thought he'd boast about his cheating ways over e-mail, calling himself the worst boyfriend in the world. Presumably his friends agreed, forwarding his e-mail until the entire world knew too.

Burt left off a similar story, where an executive stationed overseas boasted about using his expense account to rob the company blind. His e-mail's final destination was The Wall Street Journal, which underpins the point I always share with public relations students — never write an electronic message that you wouldn't be proud to see published in The Wall Street Journal. One day, it just might be, even if you wrote it years ago.

Mattel Measures Up

Despite the fact that Mattel is entering its biggest season, the toy manufacturer took the high road and issued a recall of Polly Pocket Assortments after the Consumer Product Safety Commission deemed tiny magnets inside the dolls and accessories were unsafe because they could fall out and potentially be swallowed by children.

Given that there have only been a handful of incidents that resulted in injury — three, in fact — Mattel could have skirted the issue through the holidays. Instead, it has pulled 4.4 million play sets from the shelves, worked closely with the Commission, and taken extra steps to ensure consumers who have already purchased the Polly Pocket products are informed.

On the Polly Pocket product Website, Mattel prompts parents to compare assortment product numbers (with product pictures) to help identify which toys are being recalled. It offers a prepaid mailing label for the return of the necessary pieces as directed for each affected play set. Once returned, value vouchers will be delivered in 8-12 weeks. Mattel also includes the exact Consumer Product Safety Commission advisory as well as customer contact information. There is also a link to its customer relations site.

From a public relations and customer relations standpoint, Mattel once again demonstrates the safety of its consumers is more important than its cash flow. Obviously, the company appreciates its brand value is worth more than the price of the products.

Compare this to the Firestone tire nightmare three years ago, when 17,000 trucks and SUVs were implicated (much fewer than Mattel's recall) in at least 62 deaths and numerous injuries in the United States (much greater than those related to the toy). Firestone demonstrated a slow response, lack of preparedness for the media onslaught, and a failure to demonstrate concern for consumers. It proved catastrophic for the company despite the fact that it eventually recalled 6 million tires.

There is a lot to be said for honesty, transparency, and urgency in responding to consumer safety. Mattel will be selling Barbies and Hot Wheels in 50 years and no one will remember the recall. Firestone, on the other hand, still has brand damage, which is why the name has all but been eclipsed by either its Bridgestone parent or new product names like Firehawk, Affinity, Destination, and others (which are all Firestone tires).

Confusing Comedy

The ancient Greeks knew it best. Tragedy is the essence of all comedy.

The pratfall is a fine example. Someone falling is tragic. Yet, the pratfall, staged or not, remains a comic classic.

Unfortunately for Michael Richards, best known as Kramer from Seinfeld, he opted to forgo the pratfall and chose tragic racial material for his comedic routine, which spiraled out of control when he let an obnoxious heckler get under his skin.

From the video, Richards at the TMZ, it is difficult to discern whether or not Richards was heckled for racial material in his routine to begin with or chose racial epithets simply to attack the heckler. What is clear is that his digs were directed at an individual and not an underlying racial agenda aimed at demoralizing people based on their heritage.

Comedians frequently attack hecklers with generalizations: weight, appearance, fashion, and yes, race. Chris Rock does, though his characterizations are generally aimed at Caucasians, which is largely accepted and tolerated in America. (Personally, I find Chris Rock funny most of the time.)

What Richards did wrong that Rock has never done wrong is apologize. Rock would have looked you straight in the eye and said “Hello, it's comedy ... commmm ... eeeee ... dddeyyy. Comedy."

Richards publicly apologized on "The Tonight Show" to the people who took "the brunt" of his abuse, saying he was "really busted up," but then went on a strange tangent on race relations, saying he was "concerned about hate and rage" and about a "great deal of disturbance between blacks and whites" after Hurricane Katrina.

What he probably meant to say was: race relations after Katrina have been a travesty, and he was shining a comedic light on the tragedy of the situation as comedians do. By in large, that is what comedians are supposed to do, release the tension created by tragic events in the forum of a comedy club.

Certainly, not for a minute, can I condone what Richards said, but neither do I think he should be burned at the stake. I can also say, with certainty, that he needs a new publicist.

As I have often posted, the downward spiral of public perception is never in the action, but in how one handles the action after the fact. As noted, Rock is a master at handling his own racial material after the fact. He never gives an inch.

In this instance, Richards would have been better off simply apologizing for losing his cool with the heckler (which is not the mark of a leading comedian), perhaps noting that hecklers, regardless of heritage, aim only to steal the spotlight at the expense of other audience members and it is the fundamental job of a comedian to shut them down and get on with the routine.

Now was not the time to discuss the truth, no matter how painfully obvious, that there are some racial tensions still being stirred in New Orleans or that there exists, sometimes, a double standard in defining racism.

As someone who writes comedy on occasion, I generally avoid all subject matter revolving around race or heritage because I don't really find racial stereotypes all that funny. But I can also be somewhat sympathetic to comedy clubs that will soon be forced to put signs on their doors that "some content might offend some audience members.”
Censoring comedic routines, good or bad. Not funny.

Sacrificing Privacy For Exposure

Like it or not, there are different rules for public figures than private individuals in regard to privacy. The more public your position or actions in society, the less privacy you retain because the public has a legitimate and substantial interest in public figures and public conduct.

That's why NBC affiliate WSLS-TV fired meteorologist Jamey Singleton on Thursday after a frontal nude shot of him getting out of the shower was posted on someone else's MySpace site; and why he will likely not be able to pursue charges against the poster despite the fact he was fired. It's also why MySpace pulled the pictures, because it has positioned itself as a distribution channel, not a publisher (protecting it from what people post, but pulling such content only if it is determined the subject did not consent).

According to the station, Singleton was fired because the photo broke the morals code in his contract. The moral code in the contract is indicative of his position as a public figure. Singleton told the Roanoke Times that he cannot blame them if the photo was the straw that broke the camel's back (he was retained earlier this year after admitting he was a recovering heroin addict).

It's an interesting commentary on how definitions are being changed today as becoming a public figure is easier than ever. Blogging, for instance, comes with the risk of sacrificing privacy rights. The greater your readership, the greater your potential to become a public figure with fewer privacy rights. It's something to think about while you share your commentary because, sometimes, there are unforeseen consequences to moving into the public eye.

Bungling Business Cards

Valleywag, self-described as a tech gossip rag, recently wrote a post about ''how to make business cards that people keep''. It had some interesting ideas. Among them:

• Rely on your Google rank (to minimize information)
• Hire a real designer (to make it ''slick'')
• Say something clever (to be more creative)
• Round the corners (to make it feel nice)
• Leave some white space (design 101)

Will following any of these tips ensure you have a business card that people want to keep? While there are some good ideas here, the answer is nope (with the exception of white space).

Sure, some of these tips certainly work for the examples they highlighted. Bradley Spitzer has a great card (you can catch a link to it on the Valleywag post). But that doesn't mean applying any of these tactical tips will better communicate your company's message.

Designing a business card is much like any communication device. It requires strategic communication on the front end to ensure you're not making decisions based on trends, slickness, or any other measure. The real question is: how do we best communicate our company on this medium, which happens to be a business card?

For example, Spitzer, who is a creative photographer, has a line on his card that says "If you let me take your photo, thanks! If not, here you go anyway." That works.

Contrary, if my doctor handed me a card that said "If you let me treat your illness, thanks! If not, here you go anyway." I'm not so sure that would work.

I do agree that hiring a designer is a good idea (assuming you're not hiring a consultant like us or an agency like most of our clients), but not just to make it slick. Slick is relative to the type of company you have and the brand you are trying to establish.

Some brands deserve to be hip and cool. Others deserve to be straightforward and conservative. There is no formula, but there is a process or two that can help you create a strategy that works for you.

Sure, some people might wonder why on earth they want to invest so much time, energy, etc. into a business card. Easy. Research shows that for the average service-providing company, the business card is the most common, widely distributed first impression medium they use to communicate.

Until recently, no other communication medium has even come close to unseating the business card as a prominent communication tool. And that medium is a Website (or blog in lieu of a Website).