A proposed media shield law protects bloggers like Ben Franklin and Thomas Paine

The Senate Judiciary Committee has approved its version of a "media shield law," designed to protect the confidential sources of journalists. The law now moves to the full Senate, and it would need to be reconciled with a similar bill in the House before being presented to Barack Obama. The passage of a media shield bill is critically important, in that the threat of imprisonment for refusal to comply with subpoenas discourages journalists from covering numerous serious issues. According to Huffpo, the bill not only protects full time journalists, but "uses a broad definition of journalists by including bloggers, citizen journalists and freelancers." According to the Examiner,

Sen. Patrick Leahy (D-Vt.) endorsed the "carefully crafted" bill's inclusion of bloggers, and hailed Benjamin Franklin for his "anonymous blogs" that explained "the reasons why this country should exist." Pamphleteer Thomas Paine likewise got a few mentions as the senators debated whether to define a journalist as someone employed by a mainstream organization.
The protection allowed by this version of the bill are not absolute; they can be overridden:
With the exception of national security cases, the bill establishes a balancing test to determine whether a reporter must reveal their source. A federal judge would weigh the public's right to know versus national security claims made by the government.
The burden of proof depends on whether the case from which the subpoena is issued is a criminal case or a civil case. In criminal cases, the journalist would have to show that guarding the anonymity of sources is in the public interest. In non-criminal cases, the government bears the burden of showing that disclosure of a confidential source outweighs the public interest in news-gathering. I was elated to see that bloggers and citizen journalists are being considered for this protection, especially given the fact that so much important information being published these days is by people who are not full-time professional journalists. And see here for an illustration of the problem with mainstream" journalists." For a related post, see these three short videos featuring John Nichols and Robert McChesney, the founders of Free Press (from the 2008 National Conference for Media Reform), discussing the role of citizen journalists, among many other important media reform topics).

Continue ReadingA proposed media shield law protects bloggers like Ben Franklin and Thomas Paine

Refusing to shuffle quietly out the door, one local journalist stands tall –

Post-2008-election, I felt as though our country was finally regaining consciousness. I felt hope and optimism rise and my cynicism roll back ever-so-slightly, breezes of fresh thought dispersing the haze. As my vision returned, I could once again engage in conversations that did not fizzle into frustrated non-verbal noise. I began to see glimpses of a cultural evolution of thought through the wider population. Just glimpses, but they were there, I know it. I felt the whoosh of tired air as egos fat with imaginary power based on non-existent wealth were deflated by the reality of financial correction. I smiled as the facade of organized evangelical religion cracked under self-made storms of condescending hypocrisy. I grinned with sincere joy every time I heard new dialogue about race and culture in the wake of electing our first minority president. All in all, I saw daily reminders that people, all of us, are truly equal underneath all the cultural trappings. Eye contact became pleasant again. The obvious human connections we share - that we all love and laugh and hurt and seethe and wonder and sigh and ache and even hate - I could see those commonalities beginning to connect us again. We argue and bicker, we debate and discuss, we learn, we teach, we manage, we create, we err and we try. We help, we care, sometimes we dismiss. We each react to information and situations from our own perspectives, wrought upon our own personalities by our own life stories. But we seemed to be listening to each other again. I hoped anew that as a culture, we were learning that all of those life stories matter. That each one of us brings a unique self to the cultural table and that even when we strenuously disagree, we do not dismiss each other simply because of it. Silly me. Last week, a friend of mine was fired. Not a big deal, you might think, as people have been laid off in record numbers (including myself) over the past months of economic strife. Sure, a big deal for him, maybe. But, well, welcome to the masses. Except that this friend represented something we cannot afford to lose, and his firing rips further into the frayed fiber of our local democracy. Sadly, too many will dismiss the loss as no big deal - for the exact reason we so desperately needed Sylvester Brown to stay.

Continue ReadingRefusing to shuffle quietly out the door, one local journalist stands tall –

Tim Russert is being called a great journalist merely because he recently died.

Tim Russert is dead and it is certainly a tragedy for his family and friends. May he rest in peace. Contrary to what numerous media sources are now reporting, however, Russert was not a great journalist. Rather, he was one of the many modern celebrity journalists who got so incredibly…

Continue ReadingTim Russert is being called a great journalist merely because he recently died.