I was going to respond to this piece by Margaret Simons about bloggers and journalists but, as often happens, Tim Dunlop has written exactly what I would have said, only better. This used to happen with such frequency that we coined the term ‘blogtwins’ and perhaps now that Tim is returning to Australia, the pattern will re-emerge.
Meanwhile the US Supreme Court has declined to hear a case in which journalists have appealed against a ruling that they should either reveal anonymous sources or go to jail. A noteworthy feature of the NY Times treatment of the story is the presentation of the issue in terms of whether journalists are entitled to special protection not available to bloggers. At the end of the story Rodney A. Smolla, dean of the University of Richmond School of Law is quoted as follows
The federal judiciary, from the Supreme Court down, has grown very skeptical of any claim that the institutional press is deserving of First Amendment protection over and above those of ordinary citizens … The rise of the Internet and blogger culture may have contributed to that. It makes it more difficult to draw lines between the traditional professional press and those who disseminate information from their home computers.
The failure of journalists to establish a special exemption raises the more general question of whether and when people should be compelled to reveal details of their private conversations. If constitutional limits are to be imposed on such questioning, it may be better to derive them from the right to privacy in general rather than the specific claims of the press. Alternatively, and perhaps preferably, it might be better for the legislature to provide a public interest exemption of some kind.
* And nowadays everyone does