The bill's Democratic sponsor now worries the measure is in jeopardy. The legislation would make it easier for news organizations to analyze digital data through open records. The fight between the newspaper and the state senator is exacerbated by the fact that the bill at the heart of the dispute is something many journalists in Colorado want to see become law. People just can't call whatever they don't like 'fake news,' and that's what is essentially doing." Still, Freeman believes the Sentinel is within its rights to threaten a lawsuit. The newspaper has a strict policy against filing libel claims against detractors on the principle that the press doesn't want to suppress the speech of others. ' it's similar to this case where the judge decided it's a fact," Freeman said.įreeman spent more than three decades as in-house counsel for The New York Times. "Then the next time you're arguing something is opinion to win your case, maybe the court will look at this case and say, 'No. Aside from whether there's a legal case against such accusations, there's the question of whether it's a good idea for a news organization to combat its detractors in court.īringing cases like this could ultimately backfire on the press because legal arguments made in such cases could later be used against them, said George Freeman, the executive director of the nonprofit Media Law Resource Center.
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