Media Privileges for Bloggers

Eugene Volokh has an excellent summary of the extent to which bloggers enjoy the same protections as other journalists under the law. The premise:

The question now isn’t whether bloggers are entitled to First Amendment protections; they are. Rather, it’s whether bloggers are entitled to additional protections, beyond what the First Amendment requires. The First Amendment either secures no journalist’s privilege, or a relatively limited one. (The matter isn’t squarely settled in the courts.) But many states do provide a journalist’s privilege, often a broad one.

Unfortunately, because the protections are statutory and state-to-state, there is incredible, essentially random, variance.

It seems to me axiomatic, and not just as a matter of self interest, that a journalist is a journalist regardless of the medium. That’s not necessarily what the law says, though.

FILED UNDER: Blogosphere, Law and the Courts, Media,
James Joyner
About James Joyner
James Joyner is Professor and Department Head of Security Studies at Marine Corps University's Command and Staff College and a nonresident senior fellow at the Scowcroft Center for Strategy and Security at the Atlantic Council. He's a former Army officer and Desert Storm vet. Views expressed here are his own. Follow James on Twitter @DrJJoyner.