Canadian Brian Neale of Neale News has been threatened contempt of court for linking to a US blog carrying unverified information on the Gomery inquiry. Wow, no one wasted any time there, did they?

A link.

Colby Cosh points out that Judge Gomery didn’t put the ban in place on a whim. The inquiry doesn’t need to be tied up in knots because bloggers don’t know the law and lawyers can hammer on technicalities. This is a public inquiry, it’s nasty and dreary stuff.

Right now the bottom line is criminal trials are upcoming. Brault’s lawyer has already asked his upcoming trial be pushed back. Our eagerness to be citizen journalists doesn’t need to hinder future justice. The law doesn’t move at the speed of technology, nor does justice. Here is a timeline that leads to now.

The Liberal Pary of Canada had a lawyer appear before the inquiry today, asking for RCMP involvement again.

I’m concerned about bloggers.
Most of us don’t know law.
If as Canadian bloggers we innocently or deliberately step over a legal line, the consequences could be the same.

I wrote in as simple language as possible on the initial ban.

Law and government have not caught up to technology, and in some cases, laws don’t ‘need’ to.
Justice Department lawyers are going to do what they do, they have nothing better to do, and innocence of technicalities isn’t a defense.
Having your server in the US is not a defense if you are a Canadian blogger.

The current ban does not apply to non-Canadians.
Take what you read with a grain of salt.
To fellow bloggers wondering what the rules are - err on the side of caution. This ban is being reviewed daily. Media lawyers are present.
There are good blogs providing the necessary information on the whats and whys.
I don’t recommend buying into the argument this current ban is stifling of free speech.

We need to understand why Judge Gomery did what he did, and not jump on a ‘let’s tell now’ bandwagon that will wind up causing severe restrictions for bloggers down the road.

As for Brian Neale - he has my respect, and I hope a very good lawyer.
Pushing boundaries takes it’s toll.

A link.

Update: Lots more at E-Group. Mostly lots of opinion and a list of blogs that are weighing in. Jim Elve mentions the awkwardness Canadian media finds itself in.

In all fairness, this scoop did not come about because of the investigative skills of bloggers. It’s mostly that American bloggers (and maybe some Canadians, too) are unafraid of what will happen to them if they disobey Justice Gomery’s ban.

The international nature of the blogosphere means that even though Canadian publishers are, for the most part, abiding by Gomery’s ban, Canadian web surfers are able to get the story from an American blogger.

As opinion is expressed (and it is!!) think past free speech as understood in the US constitution. Sometimes as frail or as backward as our laws may seem we also have the freedom to wait to speak. I don’t think inquiry players are shocked - I think they are ticked. Everyone has an opinion, that doesn’t mean they have the facts. And respect isn’t always given out of fear.

Update: Liberal lawyer Warren Kinsella is not happy. US blogs can’t break the ban. They have no ban to break.


4 Responses to “Contempt of court - bloggers?”

  1. 1 Nathan 

    Sound advice. I still find it odd that some will attempt to make news by breaking news. Personally, I find bloggers make better columnists than journalists… unless of course they’re living where the news is being made. Being the first one publishing information that will most likely become public knowledge anyway reveals only the ambition of the blogger, and says nothing of any real value in the long run.

  2. 2 Bene Diction 

    I’m surprised I haven’t had commenters telling me what a wuss I am.
    I am surprised at the spike in traffic.
    There have been adscam posts at BDBO before, there will be adscam posts again. The inquiry is far from over.
    Events in Canadian politics over the weekend does speak to human nature, egos, differences in democracies, media, power, crime, money - all kinds of things.
    Instant opinion, instant experts.:^)

  3. 3 Elannah 

    Can someone please post a link to the blog about this? I have been looking and can’t find anything.

    Thanks
    Elannah

  4. 4 Bene Diction 

    Hi Elannah:
    Until the ban is lifted there won’t be one here.
    Instapundit, Right Wing News or Mark Byron are US blogs that might give you what you want.

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