For the last five years, Hawaii Reporter has repeatedly shown what a few dedicated and talented people can do with hard work, a very few bucks, and a nose for news. The independent Internet publication covers every aspect of island life and politics, and its watchdog role is an absolute necessity in what is virtually a one-party state.
Now editor Malia Zimmerman is under subpoena for her confidential sources, e-mails, phone records, notes and photographs, for a story she reported about the failure of Ka Loko Dam on Kauai, which resulted in the deaths of seven people. The subpoena comes from lawyers for landowner James Pflueger, who owns much of the land around the dam, and whose responsibilty for the accident is under investigation.
More is at issue than the details of the case, as Pflueger’s lawyers are challenging Zimmerman’s status as a journalist and her entitlement to protect her sources, merely because no trees are killed to create her publication.
“It seems to me that if a blogger is a journalist, everyone can produce a blog and never be subject to a subpoena,” Pflueger’s attorney said. His position received support from University of Hawaii constitutional law professor Jon Van Dyke.
“How does she differentiate herself from the zillions of other people who use the Internet, posting things on MySpace or whatever?” he asked. “If we’re going to give special protection to the press, we should have some idea of who’s in it and who’s not.”
Internet reporting doesn’t fit neatly into the categories of the past. Case law, regulations and standards will take some time to catch up with the new reality. But anyone who visits HawaiiReporter.com will be hard-pressed to confuse it with a teenager’s diary on MySpace. If anything, Hawaii Reporter may be overloaded with news stories. Its breadth is breathtaking.
Spend some time (I often do) on the education page.
To its credit, the Honolulu Star-Bulletin is firmly in Zimmerman’s corner, writing, “Courts should be relied upon to use common sense in determining whether a person spreading news and opinions, whether door to door or across the Internet, needs certain rights in order to preserve the integrity of the First Amendment. Zimmerman clearly falls into that category.”
If Zimmerman were merely the proverbial “guy sitting in his living room in his pajamas writing,” it wouldn’t matter what she wrote. It’s because she had sources – just like a newsprint reporter – that she’s being singled out.
I’m sure Malia and the Hawaii Reporter would appreciate any expression of support, but as the journalists they are, I think they would like it even better if you would just read their stuff.