Comments on: Senate Considers Media Shield http://www.outsidethebeltway.com/archives/senate_considers_media_shield/ Online Journal of Politics and Foreign Affairs Thu, 26 Nov 2009 09:20:03 -0600 http://wordpress.org/?v=2.8.5 hourly 1 By: bryan http://www.outsidethebeltway.com/archives/senate_considers_media_shield/comment-page-1/#comment-52387 bryan Thu, 21 Jul 2005 03:35:39 +0000 http://www.outsidethebeltway.com/archives/11379#comment-52387 <em>It's the federal court's power that the Senate panel wants to examine. Thirty-one states and the District of Columbia have such "shield" laws, but there is no set of standards that applies in federal courts.</em> Which is wrong. The standard is <em>Brandenburg</em> and is basically the same standard used in most state shield laws. As well, the shield for journalists is different than psychiatrists, clergy and social workers, who are holding the confidence of the client in a way that provides benefit to the client but no external benefit to the professional. Not so with the journalist, who is actually using the confidentiality to sell news product. And I'm almost certain you could get a five justice majority to shoot down this law pretty fast. I'd be interested in seeing it taken that far. It's the federal court's power that the Senate panel wants to examine. Thirty-one states and the District of Columbia have such "shield" laws, but there is no set of standards that applies in federal courts.

Which is wrong. The standard is Brandenburg and is basically the same standard used in most state shield laws. As well, the shield for journalists is different than psychiatrists, clergy and social workers, who are holding the confidence of the client in a way that provides benefit to the client but no external benefit to the professional. Not so with the journalist, who is actually using the confidentiality to sell news product.

And I'm almost certain you could get a five justice majority to shoot down this law pretty fast. I'd be interested in seeing it taken that far.

]]> By: Herb http://www.outsidethebeltway.com/archives/senate_considers_media_shield/comment-page-1/#comment-52318 Herb Wed, 20 Jul 2005 16:35:15 +0000 http://www.outsidethebeltway.com/archives/11379#comment-52318 These premadona reporters need to be jailed. They consistently put themselves above the law and don't care a bit about the damage they do to America. All under "Free Speech" LOL Senator Lugar should be ashamed of himself, but he is and has been suffering from "Retirementitus" In fact, Lugar is still working on alcohol as an alternative fuel, not knowing is cost more than gasoline. Some reporters need to be jailed permanently These premadona reporters need to be jailed. They consistently put themselves above the law and don't care a bit about the damage they do to America. All under "Free Speech" LOL

Senator Lugar should be ashamed of himself, but he is and has been suffering from "Retirementitus"

In fact, Lugar is still working on alcohol as an alternative fuel, not knowing is cost more than gasoline.

Some reporters need to be jailed permanently

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