April 17, 2007
Shield for journalists and sources or for dying businesses?

The legislature has passed a "reporter shield bill":

Journalists who refuse to reveal confidential sources would have greater protection in a measure the House approved Monday, and Gov. Chris Gregoire is expected to sign it.

The bill would protect people who are in the business of gathering news, but not bloggers or university professors who do not make a majority of their living doing so.

The actual language defines protected news media as:
any entity that is in the regular business of news gathering and disseminating news or information to the public by any means
My, own, ahem, confidential sources on the legislative staff tell me that the Senate rewrote the House's definition of media with the intent of excluding bloggers. That's a regrettable move which smacks of both limiting dissenting voices and protecting a dying business model in the face of robust competition. But I don't see how Sound Politics cannot still be protected under the new definition. The site generates regular revenue from ads and tips and pays state business taxes on that revenue. We regularly gather and disseminate news to the public.

And we rely on confidential sources on occasion. For example, if it weren't for confidential tips from election workers, I never would have discovered the hundreds of illegal votes that King County counted in 2004. Those confidential sources came to me because they believed that I would do a better job of following up on their tips than would my colleagues in more traditional media businesses. And indeed, I believe I'm still the only reporter who has ever reported that any of these illegal votes were counted.

It's debatable whether "reporter shield laws" are a good idea in the first place. But if such laws exist, they should explicitly extend protection to everybody performing the function of news gathering and dissemination, without any bogus ill-defined "regular business" test. In the meantime, I will continue to rely on confidential sources for my regular news gathering, as needed. And if this ever becomes an issue, I dare any prosecutor to argue with a straight face that I'm not in the regular business of gathering and disseminating news.

Posted by Stefan Sharkansky at April 17, 2007 12:18 PM | Email This
Comments
1. Now watch while Freedom of the Press becomes Freedom of the Press to lie!

And by focusing the legislation carefully to cover only the old media, is this really to protect journalists, or simply to give immunity to liberal journalists that dominate the old media? "Unnamed confidential sources" will become "imaginary confidential sources" and the left will have the means to report any angle on any issue they wish to promote.

Some would say honest journalism in the old media is dying. Others would say it's been long-dead. But giving the old media carte blanche to report anything they wish and cite imaginary sources is the recipe for disaster.

Posted by: MJC on April 17, 2007 12:20 PM
2. If you were unionized, Stefan, you would get the kid glove treatment from state legislative clowns. Shame on you for presenting a viable alternative to the daily fishwraps instead of spewing the party line. And other than the 9th circuit, no court would exclude SP from the definition of protected media. Keep up the good work!

Posted by: Burdabee on April 17, 2007 12:26 PM
3. Really, all your ad's are blocked on my browser. I'm perfectly happy not to be contributing in any useful way. =)

Posted by: Cato on April 17, 2007 12:31 PM
4. Cato;

Hey you stinking commie. Do you go out of your way to be nasty or does it just come naturally?

You have no ideas, all you have is bullshit rhetoric that we've all heard many, many times.

If this site angers you so much maybe you should stay away.

Posted by: REBEL on April 17, 2007 12:37 PM
5. Absolutely unnecessary legislation to create a protected class that needs no additional protection.

Posted by: jimg on April 17, 2007 12:46 PM
6. Stefan,

As much as I admire and support your valuable work here on SP, I must disagree with this:

"A future version of the bill should explicitly extend protection to anybody engaged in news gathering and dissemination"

Simply put, I'm not in favor of anything that creates a priveledged "media" class. If it's good enough for the Times and PI, yes, it's good enough for bloggers--but also good enough for Joe Public.

Posted by: Kirk Parker on April 17, 2007 12:47 PM
7. Folks like Cato are nasty by the inherent nature of their philosophy of collectivism. Individuals have no standing in the collectivist's mind. And indeed, Rebel makes a good point. If Cato does not like what he reads here, he is free to go elsewhere. There is a large market of blogs with views more similar to his own. But his philsophy does not tolerate views outside of those held by the collective, and thus, he feels the need to frequent SP, and spout his nasty comments.

As for Mainstream Journalism, yeah, it's dying big time. Their won't be enough advertising revenue in that media as more generations grow up with other sources. And why should new even cost any money? There's very little value add in reporting facts. Anyone can and should be able to do so. Mainstream Media journalists want on the one hand, to be members of the commentariate, and on the other to be ragarded as unbiased observers. And that's the problem.

Bloggers do a far better job.

Posted by: Jeff B. on April 17, 2007 12:52 PM
8. Kirk, that's a fair comment. I clarified my position in the post.

Posted by: Stefan Sharkansky on April 17, 2007 12:52 PM
9. This just in...

Washington's jobless rate hits a low
By Drew DeSilver

Seattle Times business reporter

Unemployment in Washington hit its lowest level in more than 30 years last month, as the state's continued strong economy drew thousands more people into the workforce.

With the state jobless rate falling to 4.6 percent in March, "this is the best time to be looking for work," said Evelina Tainer, the state's chief labor economist. "Overall, the economy is doing great."

I'll bet that the Horsesass kissers won't "blame Bush" for the state of the economy!!

Posted by: John425 on April 17, 2007 01:02 PM
10. I agree that SP should probably be covered by the law, but then you get on the slippery slope of asking who is a reporter and who is the general public. Of course everyone deserves most rights (freedom of speech, etc.), but the purpose of a shield law is to permit otherwise illegal disclosure of information under a narrow set of socially valuable circumstances. The purpose of the income test is to avoid this slippery slope by separating the general public from reporters whose work is judged by the market economy to be valuable.

Posted by: Bruce on April 17, 2007 01:04 PM
11. This is just an effort (bought and paid for by the press) to put themselves above lowley bloggers.

Posted by: Scott on April 17, 2007 01:29 PM
12. If Cato does not like what he reads here, he is free to go elsewhere.

It's not that I don't like what I read here, I just don't agree with most of what you say. =)

Posted by: Cato on April 17, 2007 01:57 PM
13. "Judged by the market economy to be valuable"?

Like Howard Stern?

Yep. Sounds like a slippery slope, for sure.

Posted by: Rey Smith on April 17, 2007 01:59 PM
14. Rey- Touché.

Posted by: Bruce on April 17, 2007 02:43 PM
15. "I'm perfectly happy not to be contributing in any useful way. =)"

Cato, we already knew that from reading your posts. So what else is new? Posted by: Hinton on April 17, 2007 04:34 PM
16. "Socially valuable circumstances"? "Judged by the market economy to be valueable"? Sounds like a home-grown version of the Fairness Act to me.

Posted by: katomar on April 17, 2007 04:44 PM
17. a famous self-help author once said: "only the insecure need security"
for this & other life things, maybe.
for national security, nope--it's too trusting & naive.

Posted by: jimmie-howya-doin on April 17, 2007 06:51 PM
18. Stefan: OK, your clarified position sounds good to me. I'm not so idealistic that I think you should unilaterally "disarm" for the sake of principle on this issue.

Posted by: Kirk Parker on April 18, 2007 01:17 AM
19. Hey! Members of the Press --

State Law won't protect your privileged communication status in a federal court! Bring a lot of books...especially the one titled "I Fought the Law and the Law Won!" (Oh! that's a record isn't it? No matter. Enjoy the view.)

Posted by: Doug on April 18, 2007 01:53 PM
20. The First Amendment makes every American a journalist by birthright, and the internet makes that founding dream a reality for anyone who choses to partake. These laws are absurd, and misunderstand the notion that a "free press" doesn't just mean a "free full time press."

Posted by: Orrin Johnson on April 19, 2007 02:05 AM
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