The Senate is currently considering a media shield law, pushed by media outfits that want federal protection for their journalists.
The legislation originally had a broad definition of "journalist", but that was curtailed thanks to the efforts of two then-unnamed Democratic senators:
For citizen journalists, the federal shield law front was looking good for a while. Although the House of Representatives version of the bill, passed in April, only offered a shield to professional bloggers, the Senate version didn't differentiate between the pros and the amateurs. So there was hope that amateur journalists might actually, eventually, get its protection.
No longer though.
Sadly, the Senate Judiciary Committee has followed the path of the House and opted to specify that only a "salaried employee . . . or independent contractor" will be able to invoke the shield, reports the Wall Street Journal's Digits blog.
After a mini outcry, Sen. Schumer and Arlen Specter (who is sponsoring the legislation) revised the language to once again cover citizen journalists. Under the new language, the people covered were those who were:
(I) conducting interviews;
(II) making direct observation of events; or
(III) collecting, reviewing, or analyzing original writings, statements, communications, reports, memoranda, records, transcripts, documents, photographs, recordings, tapes, materials, data, or other information whether in paper, electronic, or other form;
That was good stuff, making sure the legislation protected not "journalists", but the act of journalism. Perfect.
But those two troublemaking Dems, now identified as Sens. Feinstein (CA) and Durbin (IL), are back again, introducing an amendment to be debated tomorrow that would essentially strike the language above:
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.
Basically, Feinstein and Durbin want to restrict shield law protections for those who are either salaried employees or contractors of big media. If not, it's basically fuck you.
This isn't a partisan issue, it's one between those who are so stuck in the past, that they can't fathom a more diverse and expansive media environment -- one that is no longer dominated by the NY Times and the TV networks.
If you are represented by one of the senators on the committee, please give them a call and ask them to oppose this measure. Again, this shouldn't be a partisan issue, so calling your Republican senator (for once) might actually make a difference. Committee members are:
Patrick Leahy (Vermont)
Herb Kohl (Wisconsin)
Dianne Feinstein (California)
Russ Feingold (Wisconsin)
Chuck Schumer (New York -- he's kosher on this)
Dick Durbin (Illinois)
Ben Cardin (Maryland)
Sheldon Whitehouse (Rhode Island)
Amy Klobuchar (Minnesota)
Ted Kaufman (Delaware)
Arlen Specter (Pennsylvania -- also kosher)
Al Franken (Minnesota)
Jeff Sessions (Alabama)
Orrin Hatch (Utah)
Chuck Grassley (Iowa)
Jon Kyl (Arizona)
Lindsey Graham (South Carolina)
John Cornyn (Texas)
Tom Coburn (Oklahoma)
Note -- this isn't about me. I'm a salaried writer. This amendment wouldn't exclude me. This is about most of you, and countless bloggers and writers who do their own brand of journalism because they believe in their cause, not just because it's a gig.
Feinstein and Durbin want to relegate you to second-class status in favor of the old media dinosaurs bleeding themselves dry. This is unconscionable. Protect the act of journalism, not people who fit the government's definition of "journalist".