In its attempt to define who’s a journalist and who’s not, is the US Senate trying to say that Thomas Paine, a corset-maker, wouldn’t have deserved the same protections from government heavy-handedness as a newspaper publisher like Ben Franklin?
While Mr. Paine eventually edited magazines in the United States, he’s best known for his pamphleteering days, when he self-published “Common Sense,” one of the American Revolution’s most poignant calls to arms. Modern bloggers often see themselves as the inheritors of the pamphleteering tradition, and many wondered on Friday whether Paine would be covered under the proposed law.
That Congress is attempting to define “journalist” at all in order to expand protections after a number of high-profile leak cases and ensuing Justice Department prosecutions caused blog impresario Matt Drudge to call Ms. Feinstein a “fascist” on Twitter, suggesting that the law would subvert a free press by giving institutional advantage to government-approved media outlets.
On its face, the proposed shield law doesn’t affect the First Amendment, which at any rate doesn’t guarantee anybody’s right to publish whatever they want. The bill simply adds extra protections against being forced to testify about sources for established reporters and freelancers with a “considerable” amount of publishing experience. It also allows a judge to make a declaration as to who’s a journalist and who’s not in an attempt to build the shield as wide as possible.
“All we’re doing is adding privilege to existing First Amendment rights, so there is, logically, zero First Amendment threat out of this,” said Sen. Sheldon Whitehouse, (D) of Rhode Island.
But conservative bloggers, including some law professors, had a different reaction, suggesting that such a law would give the Department of Justice powerful discretion that could potentially be used to intimidate amateur reporters who are also working in the public interest.![]()
