Transit
WMATA still says blogs aren't news media
WMATA lawyers incorrectly read the laws in 2009 to declare Greater Greater Washington, and other blogs, not part of the news media. Today, they reiterated this incorrect interpretation in response to a PARP request (their version of FOIA) from Michael Perkins.
The "news media" does not have to pay fees when they request information via PARP for news stories. Michael was asking for information about the riders' survey which WMATA used to design the fare increase this year. WMATA legal staff asked for a fee of $261 to provide the information, and denied his request to waive the fee for the news media.
We'd like to pursue appealing this ruling. Are there any lawyers who can help us out pro bono?
As Michael explained 3 years ago, WMATA is basing this decision on a 2 DC district court cases, Judicial Watch, Inc. v. United States Department of Justice and Electronic Privacy Information Center v. Department of Defense, where courts denied "news media" status to these organizations in 2000, 2002 and 2003.
WMATA's Public Access to Records Policy (PARP) says that it follows the federal FOIA, meaning that this law clarifying FOIA also applies to WMATA's PARP.
The WMATA denial, which just copies the previous one from 2009, claims that, "A representative of the news media must itself disseminate the information not merely make it available."
But, as Michael Perkins notes, the Open Government Act of 2007 clarified a broader interpretation of "news media" as:
any person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience.And:
These examples [newspapers and broadcast radio or television] are not all-inclusive. Moreover, as methods of news delivery evolve (for example, the adoption of the electronic dissemination of newspapers through telecommunications services), such alternative media shall be considered to be news-media entities.Greater Greater Washington "disseminates" information via the web, email, Twitter and other means. Some people, like the subscribers to our daily email, do get it "delivered" directly (though electronically), while others request the information via the web. Newspapers today also do the same; some people get a copy on their doorstep, others get a daily email, while others go to the website.
Back in 2009, the media relations team wasn't sure they should talk to blogs such as Greater Greater Washington, but since then, that group has started to treat us as "news media" and help answer questions that will go into articles. Perhaps they should speak with the legal department.
If you can help us formulate a more detailed legal argument to make to WMATA and, if they don't see the light, pursue the matter in the courts, please email info@ggwash.org.
Here is the full text of their email from Keysia Thom at WMATA:
Dear Mr. Perkins,This acknowledges receipt of your request for a copy of the survey, results, and weights used by the JCC to determine the fare model for the Metrorail rider survey. This also responds to your request for a fee waiver and requires an advance payment by May 16, or your request file will be closed. Your request is being processed pursuant to the Public Access to Records Policy (PARP), which can be viewed on our website at http://www.wmata.com/about_metro/public_rr.cfm, under the section marked, "Legal Affairs." Generally, we aim to issue decisions on a request for records within 20 working days after the date of receipt of the request.
We note that you requested a fee waiver for search time because you are an author for Greater Greater Washington. Pursuant to federal regulations, a representative of the news media is any person actively gathering news for an entity that is organized and operated to publish or broadcast news to the public. 28 C.F.R. § 16.11 (b)(6) (2012). Examples include television and radio stations broadcasting to the general public, publishers of periodicals that disseminate news to the general public, and freelance journalists who can demonstrate a solid basis of publication through a news organization. Judicial Watch v. United States Dep't of Justice, No. 99-2315, 2000 U.S. Dist. LEXIS 19789 *9-12 (D.D.C. August 17, 2000). Your request consists of a conclusory statement that you are a member of the news media, but does not provide any details about your editorial skills and how you intend to distribute the records to the public at large. We have viewed Greater Greater Washington's website and it appears to be a blog. Judicial Watch, an organization that promotes transparency in government and operates a website that includes news on that topic and its activities (including those reported by the media), has been found not to qualify as a representative of the news media. Judicial Watch v. United States Dep't of Justice, No. 99-2315, 2000 U.S. Dist. LEXIS 19789 *9-12 (D.D.C. August 17, 2000). A representative of the news media must itself disseminate the information not merely make it available. Judicial Watch, Inc. v. United States Dept of Justice, 185 F.Supp. 2d 54, 59 (D.D.C. 2002). For these reasons we have denied your request for a fee waiver under the media category.
...
We estimate that it will cost $261.00 for 3.0 (5 hours of staff time - the first two hours of staff time, which are provided free of charge) to retrieve and review the records that are responsive to your request for exempt material. Please remit a check for the full amount made payable to the Washington Metropolitan Area Transit Authority to my attention by May 16, 2012. The records will be provided as soon as possible after receipt of payment, along with reimbursement of any excess payment or request for additional payment. If we do not receive the payment by May 16, we will close your request file.
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by Kevin Beekman on May 9, 2012 4:09 pm • link • report
by Bill on May 9, 2012 4:15 pm • link • report
GGW disseminates opinion, not news, which is why WMATA keeps denying them.
GGW has morphed into an advocacy op-ed blog, not a news blog. I believe WMATA is right on this one.
by Gary Fisher on May 9, 2012 4:18 pm • link • report
by Lance on May 9, 2012 4:23 pm • link • report
by Kytja Weir on May 9, 2012 4:24 pm • link • report
Yes you can. The law (as cited) does not say anywhere that media must be objective. Is FOXNEWS objective? Is MSNBC? Time Magazine? The Examiner? The WaPo? The Washington City Paper?
Also: who gets to determine what objective? Objectivity is rather subjective in nature.
by Jasper on May 9, 2012 4:33 pm • link • report
Take the time to actually read WMATA's response. That's not the reason they gave at all. They are very clearly stating that blogs can never be journalism, objective or not.
by Adam on May 9, 2012 4:36 pm • link • report
Yep, whenever I've raised the issue of objectivity in GGW's reporting, the response has been that its an advocacy group. You can't have it both ways.
Actually, there's nothing that says you have to use the information "objectively" even if you are "news." See the Washington Times' "investigation" on Metro as an example. And they didn't explain that the reason is that a "blog" isn't objective, they said that since GGW isn't a television, radio, or periodical outlet they don't count, and there was another court case involving an online-only presence that didn't count so you don't either.
WMATA is just trying to find a reason to get out of doing the work. They've found their boilerplate reasoning and haven't found anybody willing to challenge them on it.
Do I even need to mention the stupidity of blocking this information from an organization that has been and continues to be very pro-Metro and especially pro-transit? But hey, a transit agency with it's head in the sand (read: up it's ***)? What else is new?
by MLD on May 9, 2012 4:46 pm • link • report
by Simon on May 9, 2012 4:50 pm • link • report
by Canaan on May 9, 2012 4:52 pm • link • report
As others have pointed out, news organizations that operate from different sides of the aisle are considered to be news media, such as the Washington Times, the Huffington Post, the Examiner - why not Greater Greater Washington? This is clearly an arbitrary policy on WMATA's part, and will hopefully be changed soon.
by MrTinDC on May 9, 2012 4:55 pm • link • report
Wrong? Yes, probably. Arbitrary? No, they don't just single out GGW, apparently, they take the blanket (and not unsupported) position that no blogs are news media.
by dcd on May 9, 2012 5:01 pm • link • report
by MrTinDC on May 9, 2012 5:09 pm • link • report
Anyone can start a blog. heck I have a blog i made two posts to, before losing interest. Unless there are some criteria for which blogs count as media and which don't, insisting all blogs count simply eliminates the distinction between media and everyone else.
by FOIARequestsAreOftenAbused on May 9, 2012 5:12 pm • link • report
I am not a lawyer, but my guess is that if they had a different policy for pro transit blogs than for anti transit blogs (or even for LOLcats blogs) they would get in a lot more trouble than for treating all blogs the same.
by FOIARequestsAreOftenAbused on May 9, 2012 5:17 pm • link • report
by Arlington Civilzation on May 9, 2012 5:35 pm • link • report
by Richard Layman on May 9, 2012 5:35 pm • link • report
If you're not a member of the media, in addition you have to pay for someone to search for and review the records to see if anything needs to be excluded.
by Michael Perkins on May 9, 2012 5:46 pm • link • report
Doesn't say anything about being positive toward the organization, or not opinion or anything.
by Michael Perkins on May 9, 2012 5:51 pm • link • report
by Anon on May 9, 2012 5:53 pm • link • report
by Lance on May 9, 2012 6:44 pm • link • report
by Mr T in DC on May 9, 2012 10:27 pm • link • report
by Michael Perkins on May 9, 2012 10:38 pm • link • report
Have you guys thought about getting a press pass? They're pretty straightforward and you would all undoubtedly qualify. There's strong precedent for other DC bloggers likewise having press credentials: http://mpdc.dc.gov/mpdc/cwp/view,a,1245,q,548957.asp
by Bossi on May 9, 2012 10:54 pm • link • report
I think I did. I said News organizations go to great lengths to publish opposing views EVEN NOT IN STANDARD PROPORATIONS TO THEIR STANDARD VIEWS. (i.e., even if its a poor attempt at 'giving the other side's view' of a story.
And note, if you're singling out the Times, for having an agenda, I have to wonder if you think the Post doesn't? The Post is seriously slanted toward the left ... probably more than the Times is slanted toward the right. ALL news reporting organizations have a slant and that's to be expected because we, as readers and voters, all have a slanted view of things too. I'm always amazed at hearing people single out news media they don't agree with as having 'slanted' views when the very news media they listen to/read/ watch by definition also have slanted views. As for me, to try to get a better unbiased view, I like to sometimes watch the same story being reported from two different sources. And when doing so I can't help thinking 'the truth lies somewhere between the two positions".
by Lance on May 9, 2012 11:29 pm • link • report
Editorializing is the only thing original GGW does. It does not make them a news organization.
by Anon on May 9, 2012 11:40 pm • link • report
Status as a journalist or member of the news media can not be regulated by any government agency -- that would seem to be a violation of freedom of the press.
by Theo16 on May 10, 2012 7:21 am • link • report
As for bias in the media, the Fox News/Lance argument of "all new's organizations have a slant" and therefore it's impossible to qualify thier honesty is like saying anytime I see some skin in a movie, it's porn. Obviously we all have a slant, but GGW, unlike many other blogs, dosen't screen their commentators, no matter how much they go against their pro-transit view point. That's why they are the number one blog in the region on these issues and why I'll always respect David Alpert's work and all who contrubute here.
I would go further to add that GGW has arrived at their "slant" based on an honest analysis of the facts on the ground. If driving in cars reduced social isolation, reduced asthma, killed fewer people, preserved our farm land for the next generation, and so on, I would expect them to have a pro-car bias, becasue that would be a pro-human bias.
by Thayer-D on May 10, 2012 7:40 am • link • report
by freewheel on May 10, 2012 8:29 am • link • report
The point is that GGW does NOT have a slant. They are advocacy group ... plain and simple. They don't 'slant' the news because they don't report the news. They instead 'report' their opinions on the news ... Just like you and I do on this blog. None of us are reporting news. We're all simply editorializing as Anon above aptly pointed out.
by Lance on May 10, 2012 8:35 am • link • report
Stewart, when asked about his ambitions, duplicitously toes the line between being a comedian and being a political pundit by stating he's not "just" a comedian but one informed by his viewpoint. However, he still vehemently denies any partisanship on his own end and accuses those who would question that as being too ensconced in their own partisanship to see what he does clearly. He can be a comedian who (rightfully) claims to be more serious about the news than many news anchors but without having the same scrutiny laid on him because he is a comedian. This allows him to pick and choose what he wants to report on and have his cake and eat it too and he's done so masterfully. Likewise, GGW has lots of different contributors and obviously has ambitions towards seeing itself as full mainstream media but at this time still doesn't produce original reporting. Original research at times, yes. But there are no "beat" reporters who regularly update readers on specific agendas and it's completely self-selecting in what stories it chooses to cover and when it chooses to cover them. There is no responsibility to any larger entity other than its own immediate readership. It is not yet part of the official public record. Media is evolving and perhaps some standardization of blogs as legitimate news media is in the future but in the meantime simply claiming ownership of a media credential doesn't make it so.
All that said, in this particular case I agree with Theo that the cost of information should be standardized across the board, media or public. The fights over what is "media" are only going to grow and get more convoluted and contentious.
by Mike O on May 10, 2012 8:49 am • link • report
by Anon on May 10, 2012 8:51 am • link • report
But GGW claiming to be a news organization sounds like a blog having delusions of grandeur.
by Anon on May 10, 2012 9:04 am • link • report
I thought you where blurring the line between what is original reporting and what is editorializing by saying
"ALL news reporting organizations have a slant and that's to be expected because we, as readers and voters, all have a slanted view of things too." GGW does report the news, it just might be one more step removed from the original reporting.
It's like saying everybody's selfish, therefore trust no one. But some slants are more pronounced than others and some are driven more by monitary incentives than altruistic, thus WE decide what's more trustworthy, unless one wants to hide behind the umbrella of false equivalency to throw their mud.
At the Post, a reporter goes out and interviews a bunch of people about what happened, even though they weren't there themselves, are they reporting editorialized views?
Actually, it reminds me of the whole "what's original" architecture debate that modernists love to have. If it looks like a clear historical style, they might say it's not original and therefore bad, since apparently resolving all the programatic challanges from the client and site don't seem to count as much as it's exterior look. Never mind that modernism is a historical style, although not very recognizable, since one of its tenants was to not be a style, but above style.
It seems un-necessary to quible about what's original reporting as much as what's original archietcture, since in the end we'll all make up our minds whether we like it or not. The criteria for what makes a blog part of the media is just another way to keep information that should be public, private. Anyone who reports news at what ever level should be considered part of the media, unless you have something to hide.
by Thayer-D on May 10, 2012 9:19 am • link • report
Hunh? Since when?
Eventually, the industry will have to deal with the ever-changing media landscape. Newsrooms are emptying, newspapers are dying, journalistic standards are in the toilet, and a new wave of "citizen journalists." Obviously, GGW falls into the latter category..of sorts.
Objectivity (or the lack thereof) really doesn't determine what's news media. While there is a healthy exchange of ideas here, the invested community is so small that the advocacy ends up with very short coattails. That still doesn't determine "news media" though.
Personally, I wouldn't consider GGW part of the news media. But I wouldn't jump off a bridge if WMATA decided it is.
BTW, while the linked author does suggest that blogs should be considered news media. He isn't absolute in that assessment when he says,
However, bloggers and websites, must still show that the information they seek under a FOIA requests fits the definition of news. And some of the language may mean that the bloggers and websites have to be part of an established news site, such as the blogs for Time or Newsweek. Thus, the controversy will now move from are bloggers part of the news media to can independent non-traditional bloggers and websites be considered part of the newsmedia?
by HogWash on May 10, 2012 10:15 am • link • report
Just like on everything else. I do think there is less malice here and more plain laziness.
by Dave J on May 10, 2012 10:17 am • link • report
In the case at hand, Judicial Watch was requesting documents by FOIA, archiving the received documents, and then notifying the media via press releases and "blast faxes" that the documents were available. Judicial Watch made the documents available to interested reporters for inspection.
The court got the case right, Judicial Watch did not meet the standard, because they did not take the documents and use editorial skills to create a new work based on the information. They made it available to reporters to use in their works.
Unfortunately, WMATA has latched on to the appeals court's statement that "A representative of the news media must itself disseminate the information not merely make it available".
WMATA is also citing a case that predates an important change to FOIA. In 2007, Congress changed the law to include people that disseminate news through electronic means. WMATA has ignored that change in the law.
by Michael Perkins on May 10, 2012 11:24 am • link • report
But until then, the $261 might need to be paid. I would start soliciting donations. I'm sure people would donate.
by Ethan on May 10, 2012 11:45 am • link • report
I beg to differ.
My oft-deleted comments - along with those of many others - that present an opposing view are a case in point.
by ceefer66 on May 10, 2012 11:53 am • link • report
Each time a comments is deleted, as with others, the commenter gets an email explaining why. That email also encourages the commenter to reply via email if they have a concern. ceefer66 should have gotten one of these each time, unless he or she is using a false email address (which violates the policy), and therefore should know why each comment was deleted and have an opportunity to discuss it further.
This isn't the proper forum for discussing the comment policy. Please raise questions with the editors via email rather than in the comments.
by David Alpert on May 10, 2012 12:00 pm • link • report
by fl on May 10, 2012 12:13 pm • link • report
by greent on May 10, 2012 2:02 pm • link • report
It's reasonable to note that there is and likely will always be inconsistency with this approach.
by HogWash on May 10, 2012 2:28 pm • link • report
by selxic on May 10, 2012 3:25 pm • link • report
by David Alpert on May 10, 2012 3:28 pm • link • report
by HogWash on May 10, 2012 5:17 pm • link • report
WMATA is just showing its ignorance.
by Michael A. Rogers on May 10, 2012 8:59 pm • link • report
by h street landlord on May 11, 2012 12:45 am • link • report
by Wayan on May 11, 2012 1:01 am • link • report
Very, little if anything that I've ever seen on GGW could remotely be considered "news".
I am one of metros biggest "haters" but they have you here.
by rg on May 11, 2012 9:46 am • link • report
Bloggers are -- of course -- are a NEW JOURNALISM. It's not up to the GOVERNMENT to decide. Simply put, the bloggers here, go to meetings, gather information and write about it. That, rg, is what a free press is about. You don't like the skew? Go somewhere else. I don't consider that rag the Washington Times news, but I would defend their right to press access.
Ever hear of Fox or MSNBC? No one challenges their right to press credentials.
by Michael A. Rogers on May 11, 2012 10:11 am • link • report
Probably because they have high powered and highly paid legal teams that would rip WMATA a new one in court and then force WMATA to pay them for the privilege. Most bloggers don't.
by Dave J on May 11, 2012 10:23 am • link • report
by busgirl1 on May 11, 2012 3:13 pm • link • report
by busgirl1 on May 11, 2012 3:14 pm • link • report
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