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Politics : Politics for Pros- moderated
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From: LindyBill10/14/2005 7:34:21 AM
   of 793845
 
Mickey Kaus - "Equal Votes, Equal Speech: If Congress does grant special First Amendment rights (i.e. protection from testifying) to professional journalists but not to amateur citizen-journalists, can the amateurs sue under the Equal Protection Clause? That seems to me the interesting question. If Congress said professional reporters had more votes than ordinary citizens, after all, it would be struck down instantly. What's different about speech? ... I know, I know. The press professionals are doing it for our benefit! But you could say the same about, say, giving more votes to the more educated. They'd be doing it for the rest of us. Did someone add a Condescension Clause to the Constitution when I wasn't looking?

... P.S.: Anyway, we're blogging for their benefit. Who do you think reads blogs? Reporters! That means we should be double super privileged! ... Who informs the informers, I ask you? ... P.P.S.: The trouble, of course, is that if you protect everybody then you have to offer less protection than if you only protect a select few. So a privilege that included bloggers and potential bloggers would either not protect much or would eat away a lot of the general obligation to testify (which might not be such a terrible thing). ... P.P.P.S.: I wrote my law school thesis on this subject. I wish I could find it.
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