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Senator Duane On Bloggers And Shield Laws

by: phillip anderson

Wed Aug 13, 2008 at 14:29:06 PM EDT


Liz notes that Senator Tom Duane is speaking out about bloggers and journalists in the context of so called "shield laws." She quotes Duane thusly:

"New York has a proud tradition of having one of the strongest reporter's shield laws in the country," Duane said. "I was shocked to discover that in 2008, our law does not provide protections to journalist bloggers - one of the fastest growing mediums for obtaining news. This glaring omission must not be allowed to continue."

I will certainly applaud Senator Duane for recognizing that the law is lacking and need of a revision. The media landscape is changing as people have more and more options for their consumption of information. The new media phenomena is opening up all manner of questions about who is and who isn't a "journalist" and who deserves the protection of the law in the exercise of journalism. But, I would argue, as I did in a comment on Liz's post, that these shield laws should be protecting the act of journalism, the free dissemination of information as opposed to protecting individuals who have been deemed as a class as worthy of protection. Of course, it's certainly not that easy, but the questions raised by this explosion of citizen generated media are complex. I'll leave it to folks who are much smarter than I am to figure it out.

I guess my point is that we probably shouldn't dwell so much on who is worthy of protection by these laws, but what is worthy. I am of the belief that anyone can engage in acts of journalism and I am suspicious of attempts to label this person or that class of people as deserving of protections while others are not. It's the free flow of information and the right of the public to access it that needs protection, not so much those who someone else deems a "journalist" or not a "journalist."

Your thoughts?

phillip anderson :: Senator Duane On Bloggers And Shield Laws
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Good point (0.00 / 0)
Establishing by law, who is and is not a journalist, in my opinion is akin to the granting of journalism licenses that we hear about in some totalitarian and authoritarian states-it isn't justifiable, particularly in a land where "freedom of the press" is considered a fundamental right. I'm proud that NYS (or at least parts of it) are leading the charge to eliminate any distinction between what constitutes a journalist, but I'm still torn on the national debate, especially Chuck Schumer's support and sponsorship of it.

On the one hand, it seems like it may be a situation where passing the bill with amendments that provide no protection for bloggers would be the pragmatic (if not the right) thing to do; unable to get everything, we compromise, at least getting some protections. On the other hand however (and the position I lean towards), it seems to be an issue (much like FISA) where negotiation is capitulation. The spirit of the law is so much a part of our national identity, that to pass any perversion of it that doesn't provide full and complete protection is an insult to our civil liberties and our Constitution.  


Agree (0.00 / 0)
Protect the act, not the "professional" with cred who engages in the act.  Pro journalism is an endangered species-- money has not had an edifying effect on the profession.  So, let's not make money the key to protection.  All those who journal should be shielded... an' that includes bloggers and citizen journalists of all stripes.

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