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May 30, 2006

Blogging 101Bloggers and the First Amendment

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The California 6th District Court of Appeals ruled unanimously on May 26 that bloggers and web masters are protected by a state law shielding journalists from being forced to reveal their sources. The decision comes at a crucial time for bloggers and “citizen” journalists as they fight to receive the same protection and privileges as traditional journalists, all while trying to gain respect.

Two years ago Apple challenged bloggers who leaked information to the forces behind PowerPage and AppleInsider about Asteroid, a new digital music product in the works. Apple argued that knowing the identities of the bloggers in question was to key to safekeeping company information.

The company claimed the case is about theft and not protection under the First Amendment for journalists. But the court held that electronic “communicators” no different than print reporters.

In his blog covering law issues, Eugene Volokh stated simply, “It seems to me that the court got this absolutely right.”

Kurt Opsahl, a staff attorney for the Electric Frontier Foundation, said on the group’s web site, “Today's decision is a victory for the rights of journalists, whether online or offline, and for the public at large. The court has upheld the strong protections for the free flow of information to the press, and from the press to the public.”

The headline on AXcess News’ web site seemed to sum up the feeling of the blogosphere: “Internet Journalists Everywhere Win Victory in Apple Case.”

Bloggers have faced challenges seeking acceptance and credibility from mainstream media outlets. With the recent Apple ruling, the tables have turned for journalists of all outlets. As the judges themselves wrote, “We can think of no workable test or principle that would distinguish 'legitimate' from 'illegitimate' news. Any attempt by courts to draw such a distinction would imperil a fundamental purpose of the First Amendment, which is to identify the best, most important, and most valuable ideas not by any sociological or economic formula, rule of law, or process of government, but through the rough and tumble competition of the memetic marketplace."

Posted by Alicia Dorset at May 30, 2006 05:17 PM

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Comments

Very interesting ruling. Will bloggers now be held to the Journalists Code of Ethics? Last month, a blogger on MySpace used my sister-in-law's pictures as her own...

Posted by: Dennis at June 1, 2006 11:55 AM

We'll probably start seeing some sort of classification of blogs, kind of like accreditation of schools and audits of newspapers' circulation.

It won't be mandatory, but the business-like ones (vs. MySpace stuff) -- like those acting like part of the media -- will sign up.
Mike

Posted by: Mike Driehorst at June 1, 2006 01:37 PM

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