Thanks to May it Please the Court and Lauren Gelman for being the first to speak out.
Senator John Cornyn (R-Texas) along with several others, are sponsoring the Free Flow of Information Act, a law that sets out some pretty detailed requirements that must be present before a court can compel disclosure of material from the media, or "covered person."
John Cornyn's interpretation of "covered person" doesn't include bloggers.
The bill's text clearly does, though, which begs the question of whether or not it will be changed. Certainly if Mr. Cornyn has his way, it will be.
I quoted Jay Rosen in a previous post, and I believe it's worth posting again:
"Freedom of the press belongs to those who own one, and blogging means practically anyone can own one. That is the Number One reason why weblogs matter."
What is it, really, about bloggers that makes so many people so nervous? Is it "Big Media" leading the charge? Is it that our elected officials are afraid of bloggers and what they can do?
Certainly not. The possibility for inaccuracy and bias that exists in the blogosphere exists in traditional media, as well. Just ask the New York Times. The simple fact of the matter is that bloggers are journalists, and they're not. Not really so simple, I know. I realize that there are bloggers who actively cover stories, hitting the streets with their cell-phones and laptops, but most of the blogosphere is a collection of editorializers, passively accepting reported news and commenting on it.
We're gatherers, not hunters.
The question is, should the hunters among us be considered journalists?
My answer is, absolutely. I seek no protection for myself, at least not right now, other than my freedom of speech. I consider myself a journalist only in so far as I am a "disseminator" of information, to a certain extent. I don't actively cover stories. My practice suffers enough from the small amount of time I spend editorializing. I'll certainly never (well, maybe never) have a confidential source whose identity I need to protect. But does that mean those gatherers like myself are doomed to sit in a journalistic limbo, forced to atone for our lack of editors, fact-checkers, and proofreaders by rolling over on our similarly situated hunter brethren?
I think not. Besides, hunters are hunters for a reason. I don't fancy my head on a virtual wall.
"A Sixth Circuit-Themed Primer on the Marks Doctrine, and an Endorsement of a Proposal to Overhaul Marks" - "A Sixth Circuit-Themed Primer on the Marks Doctrine, and an Endorsement of a Proposal to Overhaul Marks": Asher Steinberg has this post at his blog, "The ...
39 minutes ago