The House Judiciary Committee held a hearing today examining the Free Flow of Information Act Of 2007. You can view the video webcast and copies of the witnesses prepared testimony here.
The bill is intended to create a Federal shield allowing journalists to protect their sources. The proposed legislation includes several exceptions applying equally to all journalists. To invoke any of the exceptions the government would be required to petition a Federal court.
While the Justice Department has never favored a shield law, the administration's most strongly held objections to this bill are aimed at its definition of "journalism." As proposed
The term "journalism" means the gathering, preparing, collecting, photographing, recording, writing, editing, reporting, or publishing of news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public.Obviously, the proposed definition is broad enough to include the work of bloggers. If the bill is enacted it will treat the reporting of Judith Miller and Blue Girl just alike. Josh Marshall and the New York Times will benefit equally. The posts or editorials Kevin Drum and William Safire will be entitled to exactly the same protections.
According to c\net the mere idea that bloggers might be entitled to protection as journalists has reduced the administration to a quivering state of apoplexy.
Rachel Brand, assistant attorney general in the Justice Department's Office of Legal Policy, testified that "The definition is just so broad that it really includes anyone who wants to post something to the Web."
The administration's argument didn't fall on deaf ears. Rep. Brad Sherman (D-CA) said, "I'd say anyone who didn't want to face legal action would immediately try to put up a blog and try to get journalistic protection."
The best defense of both the bill and bloggers came from William Safire. The long time New York Times columnist likes the definition's focus on the activity of journalism rather than the journalist's employer or paycheck. He testified that
Whether you're a blogger or whether you're The New York Times or CBS or The Wall Street Journal, if what you are doing is aimed at informing the public, then you're a journalist, whether you get paid for it or not.The bill's sponsors have indicated that they want to pass the bill this session. We will follow it's progress, and especially whether the administration is able to deny bloggers engaged in journalism the bill's protection. Anybody know Brad Sherman. If so send him an email and tell him to join the 21st Century.
