Global Breaking News - Sunday, December 22, 2024

Are All Bloggers Journalists?

A federal judge in Oregon ruled that Crystal Cox, a blogger who was sued for defamation after she accused the founder of an investment group of acting illegally and unethically, cannot claim protections afforded to journalists under state shield laws. In his ruling, the judge noted that Ms. Cox was not affiliated with a “newspaper, magazine, periodical, book, pamphlet, news service, wire service, news or feature syndicate, broadcast station or network, or cable television system.”

What are the implications of this ruling for bloggers and journalists? How should judges decide who is protected and who isn’t?

* The Problem With Pre-Internet Laws
Given the many important stories originating from bloggers, it is hard to imagine excluding those writers from the protections that shield laws provide.
 
* Rethink Shield Laws
In the almost 50 years since New York Times v. Sullivan, many countries have considered similar protections for journalists, but not one has adopted it.
 
* According to the Law
Judges will continue with a traditional journalist-oriented approach unless shield laws become more ambiguous.
 
* A Broader Definition of ‘Journalist’
The First Amendment is not just for journalists. It affords all Americans the right to unfettered speech.