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Lawsuit possible against "irresponsible" blogger

According to the Inquirer this morning, Comcast-Spectacor is contemplating a lawsuit against a previously unknown Philadelphia blogger who spread a rumor last week about Scott Hartnell, his wife Lisa, and Jeff Carter. The blogger who spread the rumor, which was quickly rejected by Flyers PR staff, the Hartnell's, and Carter, is a Temple University senior named Jerry Brennan.

When contacted by Broad Street Hockey last week, Brennan told us that he "has nothing to defend" and that he had a "very legit" source. He called the source -- who apparently hid behind a shield of anonymity -- credible. Brennan also said that he presented "the story as rumor, not fact."

Given the news this morning, that could be up for debate by a court of law if Comcast-Spectacor decides on that course of action.

Discussion of the rumor here at Broad Street Hockey was kept under a watchful eye by staff, and ultimately, deleted by the user who wrote a FanPost on the subject. Several other bloggers, including us here at BSH and those at Flyers Goal Scored By..., The 700 Level, and Ronnybrook, are on record around the web denouncing the rumor.

For whatever reason, the Inquirer decided not to report on how the rumor was received around the responsible majority of the blogosphere. Instead, the Inquirer audience is given what we believe is an unfair picture of all bloggers.

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Bad comparison

This:

This is the second time in recent months that a Philadelphia professional athlete has been tarred by an obscure blog. In the other case, a blogger speculated, with no sources, that Phillies outfielder Raul Ibanez might be using performance-enhancing drugs. Ibanez denounced the blog post.

I read the blog post in question. The Ibanez blogger did not himself speculate that Raul was using steroids. He merely said that people might think he was since he was hitting so well and so powerfully at age 37. He also said that it was unfair, but understandable given the fact that we are in the Steroid era of Bases-ball. I think the writer in this case was trying to make a commentary on the state of baseball instead of the testosterone of Raul Ibanez, but like many things it got taken out of context.

(Speaking of which, I’ve always gotten a kick out of this.)

At any rate, Jerry Brennan’s post was different. The Ibanez post was based upon unfair but understandable speculation; Brennan’s was based on something he heard from a friend of his which, in his own admission, may or may not have been true. How irresponsible is that? “This may be a lie but I’m going to write about it anyway.” Does Jerry Brennan not realize how hurtful that is to the players? And not only here – look at how PensBlog and Rock the Red ran with that story, telling everyone “it’s probably true.” Does Jerry Brennan not understand that everyone hates the Flyers and will be more than happy to justify and share their hatred? I hate the Dallas Cowboys but I’m not going to go around telling everyone that Julius Jones raped my cousin. Come on now.

My good friend’s sister used to work at the Wachovia Center years ago. I heard a lot of things from her, some of which were rumors and some of which were true. I didn’t blog about it and I didn’t tell anyone about it, even if it was true. (And no, you’re not hearing any stories now.) I didn’t think it was my place to do so, and I didn’t want to go around broadcasting things which may not have been true. It would have been irresponsible.

More bloggers are becoming responsible nowadays, and that’s good. But people like Jerry Brennan ruin it for the rest of us and allow the general public to say “See! These people are full of it! They can say whatever they want and there’s no accountability!” And that hampers the serious discussion which can take place anywhere, on any subject.

Do you see what happens when you find a stranger in the Alps?

by mikefive on Dec 24, 2009 10:32 AM EST reply actions  

Any lawyers out there?

I can see Carter and the Hartnell family having cases for libel, but how does Comcast-Specatacor have standing? Sure the rumor was about its employees, but it was not in relation to their duties as employees. If I publish a rumor that Joe Schmo is sleeping with Bob Smith’s wife and they both happen to work at Wal-Mart, can Wal-Mart sue me? Is it different because these guys are public figures and identified with the organization?

To me this is no different than Eskin falsely reporting on Iverson’s activities. Why didn’t the media condemn talk radio as a medium? If anything, I’d say the blogosphere polices itself better than talk radio or even newspapers for a couple reasons. First, fairly or unfairly, those who write blogs realize they will be lumped together so when someone writes something stupid or irresponsible, other bloggers are quick to condemn that post. Second, unlike those in the radio in computer industries, bloggers are generally not afraid to link to other blogs. Maybe it’s because bloggers don’t have the same financial interest as big media conglomerates, but while the guys here will freely mention or link to other blogs, when is the last time you heard someone on WIP refer to the ESPN radio station in town by name or vice versa?

by mattjg on Dec 24, 2009 11:32 AM EST reply actions  

Thank god those rumors I started about Hartnell and Lupul never made it into the Inquirer…

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by Ben Rothenberg on Dec 24, 2009 11:58 AM EST reply actions  

After the blog appeared, Zack Hill, the Flyers’ senior director of communications, contacted Brennan and told him the story was untrue.

So that’s how you get Zack Hill to contact you! Oh, what am I saying. The email probably said “Your rumor is not true. Zack Hill, Senior Director of Communications.”

Broad Street Hockey - Makin' it look mean since 1967.

by Geoff Detweiler on Dec 24, 2009 1:10 PM EST reply actions  

One word: Slander. Someone’s has to be held accountable for these rumors or this type of thing will never end. It’s too late now though. The damage is done. Even if Jeff Carter goes on to become one of the greatest players in NHL history, if he scores 10 million goals, NHL fans will never forget the time he bonked Hartnell’s wife…even if it never happened.

by Kanayd on Dec 24, 2009 7:33 PM EST reply actions  


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