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Denise Howell is a seasoned appellate and intellectual property litigator based in Los Angeles. Denise writes one of the first and most popular law-related blogs, Bag and Baggage, coined the term "blawg" and helped pioneer podcasting for lawyers. Microcontent obsessed since 2001, she is frequently quoted in the media on legal issues involving intellectual property and technology law. "Sound Policy" is Denise's show at IT Conversations, and it's also what she hopes results from the briefs she submits to court. Email Denise at dhowell@gmail.com.

Dennis Kennedy is a computer lawyer and legal technology expert based in St. Louis, Missouri. An award-winning author, a frequent speaker and a widely-read blogger, he has more than 300 publications on legal, technology and Internet topics, many of which are collected in his e-books. Dennis has been described as someone who knows almost every rock song in existence and, more importantly, how they apply to technology and law. Email Dennis at his gmail address.

Tom Mighell is Senior Counsel and Litigation Technology Support Coordinator at Cowles & Thompson in Dallas. He has published the Internet Legal Research Weekly newsletter since 2000 and blogged about the Internet and legal technology at Inter Alia since August of 2002. With Tom's singing, Ernie on guitar and Dennis' encylopedic knowledge of rock music, we may have the beginnings of a good band, if this whole blog thing doesn't work out. Email Tom at tmighell@swbell.net.

Marty Schwimmer left a partnership in the largest trademark practice in the world and founded Schwimmer Mitchell, a full-service IP micro-boutique in Westchester County, New York, where he represents owners of famous and not yet famous trademarks. He founded The Trademark Blog, the first IP law blog and the one with the most pictures. He is the first to come in and the last to leave in his firm. Email Marty at marty@schwimmerlegal.com.

Ernest Svenson practices law with a mid-sized law firm in New Orleans, specializing in business-related lawsuits. Most of his practice takes place in federal court, especially the Eastern District. He is best known for his weblog Ernie the Attorney, which he started as an experiment. Like many experiments it got out of control. Nevertheless, he continues to practice law and, occasionally, to seek enlightenment. Email Ernest at esvenson@gmail.com.
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Between Lawyers provides just-in-time group commentary on the issues raised when technology, culture and the law intersect. We take you behind the firewalls and conference room doors to show you how experienced lawyers deal with these issues and help you prepare for the new challenges we all face. For more, see our introductory post.
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September 24, 2005

Who Is Telling You That Other People Are Biased?

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Posted by Marty Schwimmer

A theme that comes up from time to time here on the Between Lawyers backchannel is: what will the future look like if everyone subscribes to the "Daily Me"? Will people forsake national news sources (denoted in the blogosphere with the usually pejorative term MSM), or will they seek a balance?

There is an on-going attack against MSM that it is biased. Conservatives attack liberal bias in MSM reporters, liberals attack conservative bias in MSM ownership.

One form of criticism is bias by omission or emphasis - the charge that a media source doesn't report or downplays certain stories. For example, Michelle Malkin criticizes MSM for not emphasizing a financial scandal at Air America. Instapundit and Powerline regularly argue that MSM does report enough positive news from Iraq.

On the one hand, the blogosphere has a democratizing affect on fact-checking - Rathergate being held up as the textbook example. Very often bias motivates digging (I suspect that a Democrat didn't drag up the kerning analysis) but the more correct information out there, the better for everyone.

On the other hand, the blogosphere can un-do that good work with partisanship. An unrelenting attack of bias against MSM may not have a completely salutory affect if all it does is to encourage people to indulge more in confirmatory bias - where people feel that they don't need to accept as true any fact that challenges their belief system, if the source of the information is allegedly biased.

However, who are the sources of these charges of bias?

Instapundit, Michelle Malkin, Powerline and Hugh Hewitt are vocal critics of bias in MSM, and all have accused MSM of bias by omission.

All of these bloggers regularly discuss national politics and the Bush Administration. However, to the best of my knowledge, none of them have mentioned this week that a high ranking Bush administration official named Safavian, was arrested. At the time of this writing, if you put 'Safavian' in as a search term in their website searches and you'll get no hits.

Safavian was arrested for allegedly obstructing the investigation of someone named Abramoff. Of these four bloggers, to the best of my knowledge, only Malkin has reported that Abramoff was indicted.

Is this a case of pot, kettle, black?

Well, it seems that a taxonomy of blogging would be useful in order to articulate some kind of standard. The New York Times holds itself out as publishing 'all the news that's fit to print.' It may have editorial guidelines as to the ripeness and importance of a story - but if it completely ignored a news story reported by similar national papers, then it would raise eyebrows.

These bloggers aren't newspapers and don't have a similar obligation to be comprehensive - but they do cover the national beat and I'm interested in why they didn't report this story.

What are bloggers, then? Are they reporters, analysts, columnists or advocates? Or do they change from post to post?

Does the blogger identifying themselves as liberal or conservative solve everything?

Would a code of ethics help?

Maybe the 'Daily Me' of the future would be a good thing - but it concerns me that people may forsake certain forms of media because of charges of bias, and instead subscribe to sources that tell them only what they want to hear - accurate or not.

Comments (2) + TrackBacks (0) | Category: Provocations


COMMENTS

1. The Lonewacko Blog on September 24, 2005 5:07 PM writes...

If you want to accuse bloggers of bias, I'd suggest doing so regarding general themes, not regarding individual stories. I've occasionally accused Insty of not covering immigration matters enough and of being naive when he does so, but I don't think I'd fault him for not covering something specific unless it was a very big story or unless it had something specific to do with his past coverage.

In the case of the Air America scandal, the NYT and other papers published a series of laudatory pieces on the network beginning when it was first launched, and then very few covered the scandal. At that link, I even created a scandal timer; it was two weeks before the NYT covered it. Prior to the scandal, I believe that had published 20 or so articles about AAR. That's strange. It's not strange that one person doesn't cover one story.

As for Abramoff, I've discussed related stories twice, and only because of the Rep. Chris Cannon connection.

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2. Mark Binko on September 26, 2005 1:00 PM writes...

Of course, PowerLine, Instapundit, et. al. don't pass themselves off as balanced news. I believe PowerLine has been explicit that their blog is opinion, or at lease "analysis" Though clearly, those guys have scooped significant news.

The NYT and other MSM outlets pretend to be balanced and objective reporters of "news". Unfortunately, there are few measures continue to that support that assumption.

Sure, there are examples of right-wing bias in many news papers. But (with the possible exception of Fox News and The Wall Street Journal) the national outlets (NYT, Washington Post, USA Today, LA Times, ABC, NBC, CBS, NPR, etc.) are convincingly left-wing biased. Some, just short of being propagandist.

Thankfully many blogs are exposing bias of both varieties. The truth really is out there.

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