Are bloggers journalists?

by Jason Preston on November 23, 2005

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I myself am not.

There’s some legal mumbo-jumbo going on about Judith Miller and the right for journalists to keep sources secret, and that’s all very important, but somewhat ancillary to the blogosphere. In my mind, there’s no real question about journalists; secret sources should be protected, because anonymity can be unbelievably important in the work that they do.

The question is whether or not bloggers should enjoy the same protection. Some people think yes. I think no.

There are a few simple reasons that the average blogger shouldn’t be given that kind of protection, most importantly because we run into a slippery slope problem. No doubt there are reputable and important bloggers who might want to conduct some secret interview, and would enjoy that protection in a legitimate way.

But anyone with an internet connection can make a blog. And if I can think of about eight million ways to make myself immune to a Supreme Court subpoena with a free Google service, then we have a big wrench in the justice system machinery. Press, as it is now, requires a license. There’s an official line drawn between what’s protected press and what’s not, and with that line comes accountablility that can’t be applied to a blog.

I’m not saying that a blog isn’t a publishing platform. That’s ridiculous and untrue. What I am saying is that there’s a legal distinction between the press and the public for a reason, and that reason is still valid.

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{ 2 comments }

1

Josh 11.28.05 at 11:26 am

It shouldn’t matter if bloggers are journalists or not because everyone should enjoy equal freedom of speech, not just some journalistic elite. The creation of the so-called ‘fourth estate’ was really just a way of usurping the rights of the public and reserving them for a select group.

The press does not have a monopoly on the truth and therefore should not have a monopoly of protected speech.

2

Jason 11.28.05 at 12:00 pm

I wholeheartedly agree with basically everything J.S. Mill ever wrote on free speech. Unfortunately, this is not a matter of protected speech.

As the laws stand now (and have stood for a long time), people have every right to state their opinions out loud, in a blog, in letters, however they like so long as it’s not putting others in physical danger.

The question here is whether or not bloggers should be able to keep their sources secret from the most powerful judicial force in the country. I think that’s ridiculous. If someone is a blogger practicing journalism–great, they should go get a license that lets them be a journalist.

But just creating a blog shouldn’t make people journalists ;)

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