Thursday, December 8, 2011
Double plus not good
In Oregon a US District Judge has decided that a blogger who reports seriously and, it appears, accurately about investment firms does not have the same protections as a designated journalist who might be "affiliated with any newspaper, magazine, periodical, book, pamphlet, news service, wire service, news or feature syndicate, broadcast station or network, or cable television system". This is not about her content but about her standing as a person who can refuse to name her source as a "bona fide" journalist would be allowed. In fact, it is just about her standing.
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That is, indeed, an odd decision. By extension, it also exempts little one-man weeklies (yes, they still exist). Also, the defendant apparently would be okay if she got her mom and sister to join her in establishing a paper corporation.
ReplyDeleteThis one likely will go to the top, since it deals squarely with First Amendment freedom of expression. The next stop, however, will be the Ninth Circuit Court of Appeals, the most liberal circuit (and the most overruled).
I understand it also directly contradicts Oregon constitution so, yes, I expect there will be an appeal which the defendant is very likely to win.
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