“It’s clearly a First Amendment issue. This is part of the evolution of how we present the news to our readers,” explained executive editor Bennie L. Ivory in his challenge to Bennett’s ejection, adding that the Courier-Journal is considering an official response. Jon L. Fleischaker, attorney for the newspaper, said that Bennett’s ejection deprived the C-J of its First Amendment right to report from a public facility.

In a memo sent out before the game, U of L had explained that blogs were considered “live representation of the game” and were thus prohibited per NCAA regulations governing the host institution.  The memo explicitly stated, “In essence, no blog entries are permitted between the first pitch and the final out of each game.”

Bennett’s case exemplifies the area of ambiguity raised by newspaper convergence and journalist’s use of new media.  In his challenge to the NCAA, Ivory raised the point that the C-J had already blogged both the Orange Bowl and the NCAA basketball tournament, two highly publicized collegiate sporting events.  In addition, Fleischaker pointed out that unlike televised broadcasts of sporting events, Bennett’s blog “wasn’t a simulcast or a recreation of the game.  It was an analysis.” With bloggers able to post instantaneously from laptops and cellphones, it seems that new technology will pose challenges to policies such as the NCAA’s.

Source: The Courier-Journal and the Online Journalism Review