Blogs force Rep. Truitt to blink

The legislation filed by Rep. Vicki Truitt -- summarized here -- has been withdrawn by her.

The Fort Worth Star-Telegram has the story:

Texas bloggers: Retract your claws. Vicki Truitt means you no harm.

The Keller state representative has been public enemy No. 1 for bloggers for the past three weeks because of a bill she pre-filed relating to defamatory comments on Web sites.

It turns out Truitt had meant to file a much narrower bill that was not directed at bloggers. She now plans to enter substitute language in January.

I don't really buy this premise of Ms. Truitt's, but let's continue:

Truitt filed House Bill 129 on Nov. 13, the first day lawmakers could file bills for the legislative session that begins in January. The bill specified that the author of defamatory statements expressed on the Internet would be subject to the same libel limitations as the author of any other statement "in any other written or graphic form."

Outrage on the blogosphere was quick.

Eileen Smith, editor of Austin-based InThePinkTexas.com, ripped into the bill two days later in a post titled "My Other Blog is Yo Mama." The post now appears on the first page of a Google search for "Vicki Truitt."

More than 30 readers commented on the post, many heckling Truitt. Noting that if the bill passed it wouldn't go into effect until September, reader Roaring Gnome suggested, "I think you should dedicate all posts after Sept. 1, 2007 to making fun of Vicki Truitt's absurdly big hair. It would NOT be a false statement, so I think you'd be covered."

More than 10 other blogs ultimately wrote about the bill in the ensuing weeks. Some latched onto the notion that they were free to say whatever they wanted about Truitt until the bill passed.

I didn't think there was nearly the blogswarm we needed on this in order to get the desired response. That Rep. Truitt backed off so quickly suggests she is an avid blog reader and was intimidated by our enormous power.

Or that she doesn't know a blog from Bergdorf Goodman (and is intimidated by our enormous power). Continuing:

Vince Leibowitz of Grand Saline analyzed the bill's wording on his blog CapitolAnnex.com. He suggested that even though Web sites are already subject to libel limitations, the legislation could ultimately strip bloggers of the basic protections against libel charges that traditional media enjoy.

That prediction worried other bloggers, some of whom suggested organizing opposition to the bill.

"This is just another way to silence the little guy/gal," wrote Michael Davis, who blogs at dallasprogress.blogspot.com.

"I blog. You decide. Truitt sues," added a blogger on bayareahouston.blogspot.com.

...

Truitt's legislative director, Dan Sutherland, said that legal advisers had suggested broadening the bill's language to include all defamatory comments, but that stifling bloggers or anyone else on the Internet was never their intention.

"In the conversations I had with legislative counsel, we never talked about blogs," Sutherland said. "Apparently the people who write blogs think it was targeted at them, so we're trying to clarify it."

Sutherland described the blogger reaction to the bill as "amazing" but noted that allowing public comments to help reshape proposed legislation is part of the democratic process.

"It's not unusual for any representative to file something, and once people start reading it, they bring things to our attention they hadn't thought of or got lost in the translation," Sutherland said.

Truitt said she didn't intend the bill to be viewed as a way of silencing free speech on the Web, especially for those writing about public figures.

Once again, I doubt it. Nevertheless:

Smith, of InThePinkTexas.com, expressed surprise that Truitt's broadly worded bill was intended to be about something so specific as identity theft. Regardless, she said the furor over the bill has helped spark a dialogue about how blogs should be treated compared to traditional media.

"It has brought up interesting questions about how legislators are going to view blogs as vehicles of information," Smith said. "It's actually a good discussion platform for everyone to have anyway ... even if it wasn't what she intended."

And there you have it. The blogosphere just gained a little street cred.

2006's Texan of the Year: Blogger Style

... not a Republican (like last year) but also not necessarily a Democrat, either (though they endorsed several of them in the November elections).


It's Carolyn Boyle of Texas Parent PAC.

Here's an excerpt from the press release:

Texas Parent PAC was founded in 2005 by Boyle, a former public relations executive well-known in the Capitol as an advocate for Texas public schools.

"Carolyn Boyle and Texas Parent PAC proved that you don't have to be a prominent, wealthy donor to make positive changes in the Texas political landscape,” said San Antonio's Matt Glazer, senior writer for Austin-based Burnt Orange Report and founder of Just Another Blog. "Overnight, Parent PAC became the most sought-after endorsement in Texas politics," Glazer continued.

"This election cycle, Carolyn Boyle and Texas Parent PAC showed that soccer moms and PTA dads speak as loud as the James Leiningers and Bob Perrys, and that the folks those guys have been helping get elected all these years aren't doing the job when it comes top public education," said Vince Leibowitz of Grand Saline, publisher of Capitol Annex.

Congratulations to Ms. Boyle and Texas Parent PAC.

Just cleaning out my del.icio.us pages

-- The Times put out their Ten Best list, none of which I have read. I did just complete John Grisham's The Innocent Man, and I think that ought to be on anyone's list.

-- the retail diamond industry is concerned about the effect of the movie "Blood Diamond" on its holiday sales.

-- Greg Abbott doesn't believe that carbon dioxide is harming the planet:

Twelve states are squaring off against the U.S. Environmental Protection Agency, which they say has failed to do its job by refusing to limit emissions of carbon dioxide, a heat-trapping greenhouse gas.

But in Texas, where the state climatologist says global warming is a pressing concern and scientists say the Gulf Coast could be flooded within the century, the attorney general has joined a smaller coalition of states that sides with the EPA, which says the gas is not a dangerous air pollutant.

The Texas attorney general's office did not even consult the state's environmental agency before signing onto the legal brief submitted to the high court, according to one of the agency's commissioners.

"The State of Texas' intervention in this case wasn't derived from any formal request" from the Texas Commission on Environmental Quality, said Larry Soward, one of three members of the commission. "This agency did not ask the attorney general to intervene in the lawsuit on our behalf, nor have we been involved.

"It's routine or common course for the agency with regulatory authority to be integrally involved. And that hasn't been the case."

I'm going to send the OAG a copy of "Inconvenient Truth" for Christmas. How about you?

-- Wal-Mart has added a new benefit for its long-time employees: if you work there for twenty years, you get a polo shirt.

-- student loan regulation is about to change substantially, to the benefit of students and the detriment of the lenders, who in the most recent cycle gave most of their campaign contributions to two Republicans. One of them was John Boehner, the incoming House minority leader.

-- William Wayne Justice is probably the most valuable Texas jurist of my lifetime. It's not too fantastic to imagine him on the Supreme Court, having been appointed by Clinton in the Nineties and surviving a bruising confirmation, and beating the living daylights out of Fat Tony the Fixer and Slappy Thomas.

What a wonderful world it would be.

-- Christof and Kuffner have previously reported on the Trans-Texas Corridor propaganda campaign already underway. Paul Burka calls the TTC potentially the "the worst public policy fiasco" of his lifetime. Many of the 2006 Democratic statewide candidates campaigned hard against the boondoggle and will likely continue that effort. Other smart, ambitious Democrats might do the same. This is an issue still crying out for organized opposition.

-- Electronic voting machines ought to be tossed into the harbor. Or the lake, or the gulf, or the ocean, or the nearest, deepest, saltiest body of water. That's not my opinion but that of the federal agency that advises the US Election Assistance Commission.

-- all the way from last week, the president-elect of the Christian Coalition resigned when the board refused to allow him to expand the mission of the organization beyond opposing gay marriage and abortion, to include poverty and environmental issues. "That's not our base," they said.