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Politics : I Will Continue to Continue, to Pretend....
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To: Sully- who wrote (6356)12/17/2004 1:45:30 PM
From: Sully-   of 35834
 
Do Internet Bloggers Deserve A Reporter's Privilege?

bobkohn.blogspot

Of course we do.

I was on MSNBC's The Abram's Report this evening arguing that there's no difference between a journalist working for the New York Times and your average Internet blogger for purposes of determining the applicability of a reporter's qualified privilege to refuse to reveal his or her sources in connection with a criminal investigation.

Upset that some MSM reporters (like Judith Miller of the NY Times) are facing jail time for recently failing to reveal their sources, Dan Abrams, the show's host, seemed to argue tonight (quite forcefully) that the reporter's qualified privilege should be strengthened, giving the reporter what might amount to a unilateral option to refuse (i.e., defy a court-issued subpoena) to reveal his sources. But Abrams apparently never stopped to consider who is a journalist for purposes of granting the privilege.

My point was that there must be a level playing field among all journalists, whether you work for the New York Times or operate your own blog. The problem, however, is that if the privilege were unconditional and it applied to virtually anyone claiming to be a journalist, then it would cause unforeseen difficulties in the government's ability to enforce the law and the courts' ability to administer justice.

Thus, the only workable solution is what we have now, a limited privilege that protects journalists from having to testify unless the govertment shows there is no other practical means of getting the information. (That might not be the exact standard, but that's roughly what we have). If the government convinces a judge that those conditions have been met, and the journalist refuses to reveal the source, then he must suffer the consequences--just like you and I would.

I'll link to the transcript as soon as it's available. What's your thoughts on the subject?

posted by Bob Kohn

bobkohn.blogspot.com
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