"There are some journalists who aren't journalists, and some newspapers tabloids that aren't journalism."
- From: William Wagner <b2wagner@xxxxxxxx>
- Date: Mon, 13 Jun 2005 10:39:06 -0400
Worth a gander. Better to use the URL.
Bill
........................
http://www.mayitpleasethecourt.com/journal.asp?blogid=828
Or, Was Ben Franklin The First Blogger?
Writ granted!
The Sixth District Court of Appeal wants to hear more from Apple and
Jason O'Grady. On Thursday, the Court agreed to consider whether Apple
Computer can subpoena records kept by the ISP for O'Grady's blog
PowerPage that published / posted information about Asteriod. Apple
claims the information posted was a trade secret. The 6th DCA issued an
order requesting more briefing and giving the parties the opportunity to
request oral argument.
That's one postcard you can expect will be sent in. Surely we'll hear
both sides argue the issue shortly.
Initially, this dispute seemed ripe for bloggers to take up the banner
of whether O'Grady was a journalist, a position Apple hasn't contested.
(Aside here, and hat tip to fellow Law.com blogger Professor Orin Kerr,
whose law review article, A User¹s Guide to the Stored Communications
Act, and a Legislator¹s Guide to Amending It, got cited in the EFF
brief.)
Apple understandably has tried to frame the issue as a violation of its
trade secrets in an attempt to avoid First Amendment issues.
The EFF, on the other hand, views the issue squarely as one that
involves the right of journalists to protect their sources.
Bloggers offer all types of solutions. They propose boycotting Apple
(how many bloggers out there are willing to give up their Macs in
support of that boycott?); sticking their head in the sand; seeing what
other bloggers think; waiting and seeing; and throwing up their hands.
Some have jumped right into the fray, and filed amicus briefs. No matter
what stance you take, everyone's got an opinion, but ultimately, it will
be only one opinion that matters.
Mine won't be it, and it's highly likely that unless you sit here, yours
won't either. But that doesn't stop us from prognosticating.
Where do you come down on the issue? Are bloggers journalists? Perhaps,
but not all, which means the converse is likely true, as well: not all
journalists are bloggers. I'm sorry; Logic is getting me off track,
again. Let's get back to the point of this post.
There are some journalists who aren't journalists, and some newspapers
tabloids that aren't journalism.
But apparently, all MSM journalists enjoy the privilege of protecting
their sources. A nice, easy-to-apply, bright-line test.
The only result that would remain consistent, then, is that all bloggers
are journalists. All we have to do is rely on precedent. You know - go
back in time at bit. Thanks, Ben Franklin, for the reminder that one
person can be writer, printer and publisher all rolled into one.
Just like a blogger.
Posted by J. Craig Williams on Saturday, June 04, 2005 at 17:23
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