Senate move may hurt ‘citizen journalists,’ bloggers, et al

If this is indeed what the Daily Kos claims it is, this would be huge: bloggers conducting journalism — and speaking strictly personally, and not for AEJMC, I call such writers “journalists” — could stand to lose key legal protections against compelled disclosure.

In proposing a new amendment to developing federal legislation which limits the scope of media shield laws, two senators have included wording for what constitutes — and by implication, what does not constitute — a “journalist,” reports the Daily Kos. The amendment, authored by Sens. Dianne Feinstein and Dick Durbin, essentially says that if you don’t work as a salaried employee or contractor of a media enterprise, you’re something less than a journalist, at least when it comes to enjoying the privilege of shield laws.

Not surprisingly, both lefty and conservative bloggers are outraged. It seems unlikely, however, that the amendment will survive.

The language of the bill, as first reported by the blog Kos — my bolding, for there is much irony since the mainstream media missed this story  – will surely strike some journalism educators as worryingly old-fashioned and narrow in its vision of journalism:

AMENDMENT NO.__ Calendar No.__

Purpose: To appropriately limit the protection from compelled disclosure.

IN THE SENATE OF THE UNITED STATES—111th Cong., 1st Sess.

S. 448

To maintain the free flow of information to the public by providing conditions for the federally compelled disclo-sure of information by certain persons connected with the news media.

Referred to the Committee on ___ and ordered to be printed Ordered to lie on the table and to be printed

AMENDMENTS intended to be proposed by Mrs. F EINSTEIN (for herself and Mr. D URBIN )

Viz:

In section 10(2)(A), strike clause (iii) and insert the following:

(iii) obtains the information sought while working as a salaried employee of, or independent contractor for, an entity—

(I) that disseminates information by print, broadcast, cable, satellite, mechanical, photographic, electronic, 1or other means; and

(II) that—

(aa) publishes a newspaper, book, magazine, or other periodical;

(bb) operates a radio or television broadcast station, network, cable system, or satellite carrier, or a channel or programming service for any such station, network, system, or carrier;

(cc) operates a programming service; or

(dd) operates a news agency or wire service;

In section 10(2)(B), strike ‘‘and’’ at the end.

In section 10(2)(C), strike the period at the end and insert ‘‘; and’’.

In section 10(2), add at the end the following:

(D) does not include an individual who gathers or disseminates the protected information sought to be compelled anonymously or under a pseudonym.

Problem is, so far, I can’t find the amended bill anywhere. Perhaps it’s already been quashed by an outcry from the “netroots.” I’ll report back when I learn more.

UPDATE:

Here’s the amendment:

Feinstein Amendment to S 448 (12-09) (00131100)