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Author Topic: And the Bonehead of the week award goes to... Kirby Delauter  (Read 438 times)

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Offline Callie Del NoireTopic starter

And the Bonehead of the week award goes to... Kirby Delauter
« on: January 07, 2015, 08:50:11 AM »
Who apparently never heard of the Steisand Effect. 

http://www.npr.org/blogs/thetwo-way/2015/01/06/375436143/kirby-delauter-who-didnt-want-his-name-in-a-news-story-is-now-a-story
http://www.fredericknewspost.com/news/politics_and_government/kirby-delauter-kirby-delauter-kirby-delauter/article_da85d6f4-fa3c-524f-bbf6-8e5ddc0d1c0a.html?mode=jqm

The first article is about how councilman Kirby Delauter blew up at a reporter about her hard hitting article on city council member parking and refernced his name. He then threatened to sue her for using said name for using it without permission. Apparently on Facebook.

The second link is the paper's editorial response to that threat.  Sometimes I have to wonder about us when we get politicians like this. Then I remind myself that local politics is always like this. Tempests in a tea pot.

I wonder if the councilman has learned his lesson yet.

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Re: And the Bonehead of the week award goes to... Kirby Delauter
« Reply #1 on: January 07, 2015, 09:09:01 AM »
He probably won't and neither will the other childish people making an issue of this.  The editorial reminds me of my brother and his immature response to some teasing from neighborhood kids when he was sixteen and had his first car accident.  I'm not sure what the councilman's problem is but the newspaper is just so full of itself it's disgusting.  But then the media is a business, there to make money, and must put on the act it does to get attention.  The more attention you get the more you can charge for advertising.

Don't trust anyone who does it for money or attention.

Offline Scribbles

Re: And the Bonehead of the week award goes to... Kirby Delauter
« Reply #2 on: January 07, 2015, 09:11:47 AM »
"Your rights stop, where mine start!"

What an absolutely disgusting thing for a politician to say!

Or is this some kind of bizarre American saying, because it doesn't sound right no matter how I read it...
« Last Edit: January 07, 2015, 09:31:56 AM by Scribbles »

Offline Oniya

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Re: And the Bonehead of the week award goes to... Kirby Delauter
« Reply #3 on: January 07, 2015, 09:32:02 AM »
It's a paraphrase of 'Your right to swing your arms ends just where the other man's nose begins.'  Not where the other man's 'right to swing his arm' begins - but where it actually impacts his person.

Offline Scribbles

Re: And the Bonehead of the week award goes to... Kirby Delauter
« Reply #4 on: January 07, 2015, 09:34:05 AM »
So, would I be right in interpreting what he's saying as comparing freedom of the press to causing someone physical harm?

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Re: And the Bonehead of the week award goes to... Kirby Delauter
« Reply #5 on: January 07, 2015, 09:43:49 AM »
Freedom of the press does not give the fifth estate the right to say anything they want, misquote a person's comments, interpret what a person says and present it as fact or any of the other manipulations they employ to sell advertising space.  Their freedom ends when they used their power to dissemble and cause harm.

In this case everyone is being a bonehead.

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Re: And the Bonehead of the week award goes to... Kirby Delauter
« Reply #6 on: January 07, 2015, 09:51:56 AM »
I think he's misusing the quote.  If a paper prints something untrue and damaging, then it's libel.  That's where their right to 'freedom of the press' should end per that quote.

I went digging and found the editorial that Delauter got so upset about and sifted through it to find where his name was mentioned.

Quote
Councilman Kirby Delauter, who is also a former commissioner, has joined Shreve in concern over parking for elected officials. Gardner has reserved three parking spots at Winchester Hall for council members, since the part-time officials will rarely all turn up simultaneously.

Seven spaces will be available to council members on designated meeting dates, when they are all expected to be present. The county will also pay for the council members to use the parking deck if the Winchester Hall spaces are full.

But Shreve says officials might show up for a board or commission meeting, a discussion with a business executive or another event that isn't necessarily a designated council gathering.

"You're elected to represent the entire county. We should at least have a parking space," he said.

Delauter, R-District 5, has asked Gardner to take parking spaces away from her government affairs liaison and her chief administrative officer and designate them for the council. She has declined to do so, but is working to identify a fourth spot for council members, she said.

The 'worst' bit that is attributed to him is the last paragraph.  If it's true, then printing it is not actionable (as it isn't libel).

Offline Scribbles

Re: And the Bonehead of the week award goes to... Kirby Delauter
« Reply #7 on: January 07, 2015, 10:02:14 AM »
Beguile's Mistress,

I've heard that Fox has actually been given permission to say what they please, I'm not sure how true that is but it makes me wonder, don't you have any form of neutral oversight for your media?

I went digging and found the editorial that Delauter got so upset about and sifted through it to find where his name was mentioned.

Wow, okay, this is pretty much a storm in a tea cup...

Offline Zakharra

Re: And the Bonehead of the week award goes to... Kirby Delauter
« Reply #8 on: January 07, 2015, 10:12:03 AM »
 Talk about a major over reaction. The newspaper had every right to mention his name and the article in question doesn't slander him at all (especially if he did ask for the parking spaces to be taken away from the county officials to be given to the council).  Seriously guy, grow up. you're a public official so your name is free domain for almost anything.

Offline Beguile's Mistress

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Re: And the Bonehead of the week award goes to... Kirby Delauter
« Reply #9 on: January 07, 2015, 10:18:27 AM »
I'm not sure who could give FOX permission to say anything they wish or how they could get such permission without it being extended to all media sources.  I think they get around the "fair and impartial" edict by presenting much of their reportage as commentary from various on-air personalities rather than as hard news.

Citizens are free to comment on media reports but have no control over whether or not the comments are aired.  Since the media has a more or less tyrannical hold over the dissemination of information readers, listeners and viewers are at the mercy of the media as are those they report on.

As an example, our local stations are free to make reports on all matters, public and private, regarding citizens.  At the same time that several stories ran regarding behavior of various public figures one of our on-air anchors was put on suspension for drunk driving and order into rehab.  None of the various media sources reported on him and he is a public figure.

Offline Callie Del NoireTopic starter

Re: And the Bonehead of the week award goes to... Kirby Delauter
« Reply #10 on: January 07, 2015, 10:23:38 AM »
Me? I think he comes off as a shallow self entitled got. But then my impression of most local elected local government types are like that. Where my folks live, there were a trio of folks on the local city government who spent something like 50 grand of local funds trying to find out who was sending in 'Silence Dogood' style editorial letters to the local paper.

When they were called to the carpet on that, the paper was told anything said about the investigator, funds, and their source was 'privileged' and such.

So when local politicians assert their right to not be named for their public acts by the press. I'm naturally leery and I supposed a bit cynically set to wonder what they are hiding.

Offline Callie Del NoireTopic starter

Re: And the Bonehead of the week award goes to... Kirby Delauter
« Reply #11 on: January 07, 2015, 10:30:03 AM »
I'm not sure who could give FOX permission to say anything they wish or how they could get such permission without it being extended to all media sources.  I think they get around the "fair and impartial" edict by presenting much of their reportage as commentary from various on-air personalities rather than as hard news.

Fox DIDNT quite do that.

http://www.snopes.com/politics/business/foxlies.asp

That being said Fox News has most assuredly shaded and edited public commentary to meet their claims in the past. Of course the same could be said of almost any media source.

My personal distaste for Fox is their outlook that only they can rule who is/Isn't a legal journalist when they outed the SEAL who wrote the Bin Laden hit author. Some VP at Fox isn't the person I would trust to consider anything beyond how to sell ad time. 
« Last Edit: January 07, 2015, 10:34:09 AM by Callie Del Noire »

Offline Zakharra

Re: And the Bonehead of the week award goes to... Kirby Delauter
« Reply #12 on: January 07, 2015, 11:54:37 AM »
Me? I think he comes off as a shallow self entitled got. But then my impression of most local elected local government types are like that. Where my folks live, there were a trio of folks on the local city government who spent something like 50 grand of local funds trying to find out who was sending in 'Silence Dogood' style editorial letters to the local paper.

When they were called to the carpet on that, the paper was told anything said about the investigator, funds, and their source was 'privileged' and such.

So when local politicians assert their right to not be named for their public acts by the press. I'm naturally leery and I supposed a bit cynically set to wonder what they are hiding.

 Of course! Governments believe in transparency for everyone. Except for them. In their case they are the exception to the rule and the transparency laws don;t and should -never- apply to them and anyone who suggests they do had better look out because that is totally against the rule of law to suggest, or imply, or try to make sure they, the government/politicians are transparent...


 I said that tongue in cheek, but the sad fact is a LOT of politicians believe that to be true. The rules they make do not apply to them.

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Re: And the Bonehead of the week award goes to... Kirby Delauter
« Reply #13 on: January 07, 2015, 12:04:13 PM »
Of course! Governments believe in transparency for everyone. Except for them. In their case they are the exception to the rule and the transparency laws don;t and should -never- apply to them and anyone who suggests they do had better look out because that is totally against the rule of law to suggest, or imply, or try to make sure they, the government/politicians are transparent...


 I said that tongue in cheek, but the sad fact is a LOT of politicians believe that to be true. The rules they make do not apply to them.

The people who control what is reported and how it is reported are just as bad.

As an example, our local stations are free to make reports on all matters, public and private, regarding citizens.  At the same time that several stories ran regarding behavior of various public figures one of our on-air anchors was put on suspension for drunk driving and order into rehab.  None of the various media sources reported on him and he is a public figure.


Offline Scribbles

Re: And the Bonehead of the week award goes to... Kirby Delauter
« Reply #14 on: January 08, 2015, 03:44:08 AM »
I'm not sure who could give FOX permission to say anything they wish or how they could get such permission without it being extended to all media sources.  I think they get around the "fair and impartial" edict by presenting much of their reportage as commentary from various on-air personalities rather than as hard news.

Citizens are free to comment on media reports but have no control over whether or not the comments are aired.  Since the media has a more or less tyrannical hold over the dissemination of information readers, listeners and viewers are at the mercy of the media as are those they report on.

As an example, our local stations are free to make reports on all matters, public and private, regarding citizens.  At the same time that several stories ran regarding behavior of various public figures one of our on-air anchors was put on suspension for drunk driving and order into rehab.  None of the various media sources reported on him and he is a public figure.

I scrounged for a bit of info on the Fox front and from what I found, it sounds as if the network won a court case against a whistle-blower (Jane Akre). I mostly skimmed the article but apparently the courts, through the verdict, indirectly gave them the right to falsify information. That said, it sounds as if Jane approached the matter incorrectly. I'm honestly way too tired to make sense of the whole matter.

As for the media running rampant, I generally understood that America's treatment of public figures (politicians, celebs, etc) was fairly merciless, but I always thought that the private lives of citizens were more protected. I'm surprised to hear that isn't the case.
« Last Edit: January 08, 2015, 03:47:49 AM by Scribbles »

Offline consortium11

Re: And the Bonehead of the week award goes to... Kirby Delauter
« Reply #15 on: January 08, 2015, 05:19:10 AM »
I scrounged for a bit of info on the Fox front and from what I found, it sounds as if the network won a court case against a whistle-blower (Jane Akre). I mostly skimmed the article but apparently the courts, through the verdict, indirectly gave them the right to falsify information. That said, it sounds as if Jane approached the matter incorrectly. I'm honestly way too tired to make sense of the whole matter.

The crux of the case is to whether Jane Akre actually was a whistle-blower or not (the court found not).

Basic story is this; Akre and her then husband Steve Wilson worked for WTVT, a Fox owned and operated channel based in Florida. They intended to run a story about Monsanto and a milk additive it was using. WTVT declined to run the report following a letter to the president of the Fox News Channel talking about the damage the report could cause. Fox didn't renew Akre and Wilson's contracts the following year but did later run a similar report on Monsanto, albeit one that included more positive coverage for the company then the originally intended pieces.

The pair sued WTVT on the basis that they were whistleblowers and that they had been dismissed for attempting to resist Monsanto's attempts to distort the story and instructions from senior figures to broadcast "demonstrably inaccurate and dishonest versions of the story". The Jury threw out all of the claims but one by Akre, classifying her as a whistle-blower and giving her compensation.

WTVT appealed... and that's where the "Fox can lie" meme came from. WTVT argued that the FCC's policy against falsification didn't constitute a "law, rule, or regulation" and as such the requirements for the Florida whistleblower law weren't satisfied. Those who opposed Fox jumped on this and argued it was them attempting to say they could legally lie. It isn't. It's what's known as a "threshold matter", essentially going "even if X occurred, X doesn't constitute a legal wrong doing". If someone accuses me of murder y killing someone with a tire iron it is a perfect defence to point out that the supposed victim is still alive (and thus I cannot fall within the definition of murder) without also having to deal with the factual side of things (whether I hit them with a tire iron). The court agreed with WTVT.

It's a situation where people over egg the pudding. Fox may not have stood up in court and argued that they were lying but were legally entitled to lie but it still reflects incredibly badly on them; they essentially buried a story because it would negatively impact on a large corporation, removed the people who put together the story and then eventually released a far less critical piece. That's shoddy, most would say corrupt, journalism. But the fact that everyone runs with the incorrect "Fox argued it can lie!" angle, often forgetting the facts behind it, robs it of power.

Offline Scribbles

Re: And the Bonehead of the week award goes to... Kirby Delauter
« Reply #16 on: January 08, 2015, 05:47:50 AM »
So, from what I understand, the only way Jane and Steve would have succeeded is if the courts felt that the network had crossed a particular line? Unfortunately, while they may have engaged in a bit of amoral journalism and possibly brushed that line, they didn't end up actually crossing it.

Thanks for the clarification consortium11, I couldn't make heads or tails of what the article was babbling about.

Offline consortium11

Re: And the Bonehead of the week award goes to... Kirby Delauter
« Reply #17 on: January 08, 2015, 06:22:44 AM »
So, from what I understand, the only way Jane and Steve would have succeeded is if the courts felt that the network had crossed a particular line? Unfortunately, while they may have engaged in a bit of amoral journalism and possibly brushed that line, they didn't end up actually crossing it.

Two part answer:

1) On the factual side of things the jury disagreed with her claims and when the matter finally came before the FCC they called it a editorial dispute rather than an attempt to distort the news.

2) On the legal/technical side Jane required the FCC's policy against falsification to be classed as a law, rule or regulation so it fell within the remit of Florida's whistleblower law. The court held it didn't.

Offline Callie Del NoireTopic starter

Re: And the Bonehead of the week award goes to... Kirby Delauter
« Reply #18 on: January 08, 2015, 09:39:40 AM »
It is a very tricky case. There was massive amounts of push against the two journalists to not make the report 'bad' for Monsanto. It could be argued that Fox tried whitewash the segment and eventually killed the story. There are lot of things like the fact that Bovine Growth Hormone supplements diminsh the nutritional value of milk and so on. There was a LOT of interference with the segment and if you can't tie the fact that neither were carried over with a new contract after their reluctance to whitewash the story to Fox and Monsantos liking I'd be surprised.

But in the end, no Fox didn't win the right to lie to the public in court.

Doesn't stop Rupert Murdoch from doing so though.

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Re: And the Bonehead of the week award goes to... Kirby Delauter
« Reply #19 on: January 08, 2015, 09:45:08 AM »
Additionally, while the news media has an obligation to report the truth they are not obligated to report everything.  Most outlets will look at their bottom line before all else and adjust their reporting to attract advertisers rather than drive them away, however.  Advertisers carry a lot of weight.