Indiana (US): HOA Drama ("Solicitation" by the Press? Silencing the Press?)

Overheal

I found this article morbidly amusing enough to listen to the tape audio, which is basically the owner of this HOA getting completely pissed off on the phone at a journalist that was writing an article about the HOA in a negative light.

http://consumerist.com/2013/01/14/hoa-president-threatens-to-sue-newspaper-for-using-neighborhoods-name-in-article/

At the center of the phone call (aside from being clinically fascinating from the perspective of how you should not talk to someone if you actually want them to help you, eg. in a customer service capacity), the HOA President repeatedly makes the claim that the Journalist was "soliciting" and "harassing" Stonecreek residents by interviewing them for the story, cries of Slander, etc.

I thought to myself, is freedom of the press, or, interviewing people, asking them questions or talking with them, really solicitation? Solicitation as I understand it is more the case of someone trying to sell you a product or service, like someone knocking on your door asking you to sign up for a home security system. Thoughts on this?

7 minute audio, starts off with HOA President trying to act calm and assertive and use a bunch of pseuo-authoritative language, "this is being recorded" etc, but quickly devolves into using expletives and demanding to speak to the journalist's boss, and his legal department, etc. - it's also got audio of the President telling him to run the article quite a lot, even though he apparently emailed the journalist telling him the opposite: to in no way run the article. Plus, he's recording himself willingly when he chooses to have a tantrum. It was fun listening to his brain have a spasm.

“stop this article immediately, because I will sue you just like I sue the people who don’t pay their dues.”
"I'm threatening you."

The only type of situation I know of where journalists can be squelched is by their own bosses: like in the case of CNET journalists being told by their corporate overlords (CBS) not to write reviews of a DVR box that lets customer skip commercials from recorded TV. In another case, Apple had a complete fit a couple years ago when their iPhone 4 prototype made it into the hands of a Gizmodo journalist (Jason Chen) because an employee left it in a bar of all places, and drama ensued. Apple couldn't shut Chen up legally, instead they pulled a lot of clout with local police to have the journalist's house raided, a long legal battle ensued but they could bring no charges successfully against him.

original source article: http://www.courierpress.com/news/2013/jan/12/whos-king-of-your-castle-homeowners-associations/?partner=popular which by journalism standards, is cut and dry, citing from sources like a term paper. No possible case could be brought against it for slander or libel.

Peregrinus

"Solicitation" is a word that's not much used outside the US. It means asking, repeatedly; it usually implies an annoying degree of persistence. Sometimes it implies asking someone to do something that they do not want to do, or ought not to do.

It's not an offence, and it's not unlawful, but it's often used as a shorthand for more specific activities - e.g. solicitation of prostitution, solicitation of felony - which are unlawful.

As for controlling what journalists write, the definitive verdict was pronounced by Humbert Wolfe:

You cannot hope
to bribe or twist
thank God! the
British journalist.
But, seeing what
the man will do
unbribed, there's
no occasion to.