By Mark David Blum, Esq.

Since when does the government of the City of Oswego New York have the legal authority to determine who is and is not a media outlet? Just who the hell do they think they are?

From the news story in today’s Post Standard, we are told how City officials are less than happy with the content of a Website that focuses on City politics. Because of their displeasure, City Officials have determined by themselves that the Website owner is not “media” and is not “entitled” to sit at the media table. Threatened with arrest, a Website reporter found himself face-to-face with an armed police officer should he attempt to join the press corps.

Well, let me say this about that … and then some.

First of all, the Internet has proven itself to be a strong force in the dissemination of news and opinions. From Rathergate to the gates of Abu Ghraib, the Internet is the New World order when it comes to facts and information.

Second, the City of Oswego stupidly says it “recognizes” only three “news” outlets and has issued press credentials to only those recognized three. Quickly, the City had better realize that there are many more than three news outlets in their community. They may not like the news and opinions being disseminated, but to take a stand against a media outlet because you disagree with its content is repugnant to the Constitution. It should set off alarms in every Village, Middlesex, and farm that in Oswego, freedom of the press is being gutted. Since when do we allow “government” to decide for us who is and is not a fair reporter of the news? Would the City of Oswego make room for FOX News at its’ ‘Press Table’? The silence of all the media on this is deafening.

Finally, the City has arbitrarily determined who is and is not media. No government can make that determination based on some subjective standard set by a disgruntled office holder. What is the standard being applied? What Legislative authorization or Executive Order sets forth the standard for being a “reporter”?

The City of Oswego should take this advice to heart. What you are doing is repugnant and offensive to every notion and concept of the First Amendment to our Constitution. Your actions strike at the very heart of liberty and an open and vigorous debate of the issues. The Internet is the new ‘Town Square’ and news and opinions circulating thereat go directly to the exchange of ideas protected in our Country.

An honorable public servant that disagrees with the media, would not cower and bully with police power. The true servant would invite his opponent to sit up front and center and give air and time to the opponent’s ideas. Let the public servant challenge his opponent and debate the issue. It is the public who decides what is best for them.

But to hide, to use force, to quiet dissent … these are all the hallmarks of Tyranny. On this subject, I know what I am talking about; having won a major First Amendment case here in Syracuse and having litigated civil rights cases since 1991. The actions of the City of Oswego personally and professionally offend me.

Please please please let my telephone ring.