Maryland Politician Says Local Paper Can't Use His Name Without Permission

from the my-imaginary-rights-will-be-respected! dept

All Frederick County (MD) Councilman Kirby Delauter knows is that he doesn't like unfavorable press. Literally, that appears to be all he knows -- at least as far as press relations go. He apparently believes that he holds the power to decide whether his name appears in print, rather than the other way around. Delauter blew off a phone call from Frederick News-Post writer Bethany Rodgers seeking comment on a story and then turned around and called her out on Facebook for using his name without permission.

The post has since been deleted by Delauter, but the image will live on forever... as will Delauter's inability to comprehend how journalism actually works.

Here's Delauter's rant in case you can't see/read the screencap:

Shame on Bethany Rogers for an unauthorized use of my name and my reference in her article today. She contacted me by phone yesterday, I did not return her call and did not authorize any use of my name or reference in her article. I had let her know after her hit piece during the election where she embellished, twisted and downright lied about what we discussed for that article, that she was never contact me again since she has absolutely no morals or journalistic ability.

Bethany, please understand, when you do a hit piece, you need to know who you're dealing with. I have worked very hard to earn an honest reputation in this county. You could have earned my respect, instead you've shown that you will sell your soul for the liberal agenda at the FNP. You're better than that, but you have already sold your credibility and this is something you won't easily get back.

So let me be clear…….. do not contact me and do not use my name or reference me in an unauthorized form in the future.

Having firmly established who's wearing the pants in this councilman/unruly press relationship, Delauter was undoubtedly surprised to find himself swiftly de-pantsed by Rodgers herself.

Wow. Well, just to answer a few of these accusations: First of all, there is no requirement to get a person's authorization in order to mention them in the paper, particularly if that person is an elected official. It is not just our right but our responsibility to report on people like you, who occupy positions of trust in our government, and I make no apologies for doing that. I am aware that you asked me not to call you anymore. However, it is a journalistic principle to reach out to individuals who are part of the article. Again, it would be irresponsible for me NOT to do so, and I plan to continue giving you the opportunity to comment on articles that concern you. Whether or not you return my calls is up to you.

Delauter's response? SWING BLUDGEON OF LAWTHREAT +2.

Use my name again unauthorized and you'll be paying for an Attorney. Your rights end where mine start

And those rights? Nonexistent. Newspapers have been writing about all sorts of people for years, using all sorts of names without permission. That's how that works. Eugene Volokh puts it this way.

Uh, Council Member: In our country, newspapers are actually allowed to write about elected officials (and others) without their permission. It’s an avantgarde experiment, to be sure, but we’ve had some success with it.

Now, Delauter's name is everywhere (including this Kirby Delauter-deluge of an editorial by the newpaper hit with Delauter's legal threats). His first mistake was assuming he could control it. His second was to broadcast his ignorance via a public forum. And, unless he's willing to go the full Rakofsky, the internet is going to keep "using his name unauthorized" without having to worry about "paying for an Attorney."

Ignoring reporters doesn't keep your name out of the papers. All it does is allow them to push the narrative they want to push. At best, you'll get a "did not immediately return phone calls seeking comment." Your decision to not participate in Rogers' news gathering only hurts you, Delauter. It doesn't make you immune from criticism or grant you some special right you can use to deprive others of theirs. If he didn't want a public life, then Dealuter shouldn't have gotten into the public service field. Delauter's lousy grasp of pretty much every facet of this situation makes it pretty clear he shouldn't be allowed to operate a desk, much less be an integral part of local governance. Politicians who think they have special rights are the worst.

Delauter has a small chance to salvage this situation, as Scott Greenfield points out. Anyone want to place odds as to whether he will?

There really isn’t much to add to such a facially laughable assertion as this, but I felt I would be remiss not to join in the Streisand-ing of Kirby Delauter (whose name is used here without permission) because this is a guy who is allowed to have a say in matters that impact on other people’s lives. And he’s a monumental dumbass.

The only question now is whether he’s got the guts to admit the abject stupidity of his threat, apologize and own his stupid. Tough guys like Kirby usually can’t.

We'll see. Delauter has scrubbed his post from Facebook, so it appears there will be no immediate "ownership." Of course, he may believe his rights extend on and on forever, unlike those of pesky journalists. Adam Steinbaugh captured this bit of unauthorized name appropriation by Delauter. Like Bethany Rogers' phone calls to the councilman, this has yet to receive a response.

Did Derek Jeter authorize this use of his name #KirbyDelauter pic.twitter.com/ZLixYkiEBC

— Adam Steinbaugh (@adamsteinbaugh) January 6, 2015

Filed Under: bethany rodgers, frederick county, frederick news-post, free press, kirby delauter, maryland, reporting