Journalists, bloggers and some corporate legal departments are concerned about a recent ruling by a federal appeals court that may lead to changes in libel law.

As reported by Boston Globe reporter Jonathan Saltzman, the Feb 13 ruling by the U.S. Court of Appeals for the First Circuit in Boston would allow a former salesman at Staples to sue the company for libel. The former salesman, Alan S. Noonan, believes that he was libeled by an email sent by a Staples vice president to about 1,500 employees stating that the salesman had been fired for violations of company procedures regarding expenses reimbursements.

According to the Boston Globe reporter:

Although the decision did not involve a news outlet, it has alarmed journalists, bloggers, and media law specialists, who worry that it could discourage news organizations from pursuing true stories that might cast subjects in a bad light.

When I was a journalism major at Eastern Illinois University, I paid attention during Communications Law class. I knew that I might have to walk a delicate legal line some day, and wanted to understand how far I could go in telling the “truth” without fear of being successfully sued for libel.

This current case has an interesting twist because the judges drew upon a relatively obscure 1902 state law when reaching their decision to allow the libel suit to proceed. That 1902 state law says truth is a defense against libel unless the plaintiff can show “actual malice” by the person publishing the statement. But the definition of “actual malice” is not the same as the one taught in j-schools.

I remember learning in Comm. Law that before a public figure can overcome a journalist’s First Amendment right to free speech in a libel case, “actual malice” has to be proven. That would mean that the journalist acted in reckless disregard for the truth, or knew a published statement was false.

But the Staples suit benefits from Massachusetts law that defines “actual malice” as “malevolent intent or ill will.” According to the Boston Globe story:

Noonan might be able to persuade a jury that the company demonstrated ill will; the Staples vice president who sent the email had never referred to a fired employee by name in a mass email before, and jurors might conclude he “singled out Noonan in order to humiliate him,” the court wrote.

So although people like the appellate lawyer for the fired Staples employee point out that the ruling applies only to lawsuits by private figures against private defendants—and not journalists—journalists are taking note. The Boston Globe reports that 51 news organizations have filed a friend-of-the-court brief saying that the decision, if allowed to stand, “will create a precedent that hinders the media’s ability to rely on truthful publication to avoid defamation liability.”

At EIU’s daily student newspaper, the Daily Eastern News, our motto was, “Tell the Truth, and Don’t Be Afraid.” I hope that this ruling does not impact journalism students in the future, who might be told in Communication Law to “Tell the Truth, But Not If You’re Going to Get Sued.”

My thanks to Evan Hill and the EIU Journalism list-serv for passing on this news.

Melcrum has announced that it is shuttering The Communicator’s Network, the standalone online community for professional communicators that Melcrum launched in May 2007. The site, which went live about three weeks after the official launch of MyRagan, Ragan Communications‘ social networking site for communicators, has not been a vibrant community for some time–at least not in terms of active commenting and new posts to the site.

I heard rumblings about the pending decision to close TCN some time ago, and had mixed feelings. Certainly, I didn’t visit the site enough to contribute to its vitality–and I’m not alone by a long shot. It wasn’t for lack of interest as much as lack of time. It’s the same reason for my infrequent visits to MyRagan, which also has seen busier days in the message and blog sections. (I do credit Ragan staff for their continual efforts to add content and to spark conversations. A recent contest to come up with the best caption for photos was fun.)

Melcrum actually has moved the online discussions and some other content from TCN to LinkedIn, which has become more than just a website for networking. LinkedIn still requires people to register and log-in before making connections, but it has a large user base and recognition. Best of all (in Melcrum’s favor), LinkedIn won’t require Melcrum to cover the overhead of running the site.

I don’t see a groundswell of people shouting for more online communities. (Although developers will continue to try to be the next facebook or LinkedIn.)

Time and energy are finite resources, and communicators will benefit from consolidation of sites over time. Competition is good for generating ideas, but in an increasingly crowded field, I think that Melcrum wisely decided that it was time to cash in the chips in one area, and find a new place to join in the conversation.

Read the announcement from Melcrum here

I found some time to finally sign up for a Twitter account, and decided to follow two IABC-related twitterers: Barb Gibson, IABC Chair, and the IABC/Chicago Chapter Twitter group.

Barb’s Tweets included an appeal to contribute to “The Pledge to End Hunger,” a campaign designed to provide meals and raise awareness of childhood hunger. I just visited the website and pledged to support the campaign by spreading the word. The other ways to support the campaign are to donate money and to volunteer at one of many locations in the U.S. working to end hunger.

For each pledge made via the online form, Tyson will donate 35 lbs of food product (the equivalent of 140 servings) to Capital Area Food Bank of Texas. If the goal of 1,000 people taking the online pledge is reached, a semi-trailer will deliver 140,000 meals to the food bank.

I like the way that the campaign organizers have used the Intranet and Twitter to help promote the campaign. Visit the site to read more, take the pledge, and help campaign organizers and Tyson to make a difference for hungry kids.

If you’d like, send me a Tweet: @commakazi