The liberty of the press is not confined to newspapers and periodicals.
It necessarily embraces pamphlets and leaflets. These indeed have been
historic weapons in the defense of liberty, as the pamphlets of Thomas
Paine and others in our own history abundantly attest. The press in its
connotation comprehends every sort of publication which affords a
vehicle of information and opinion.
-- Justice Charles Evans Hayes, Lovell v. Griffin, 1934
In the height of the Great Depression, someone had an idea about whether bloggers should be considered journalists. Not that Justice Hayes, born in 1882, would ever have conceived of the Web, let alone a Web log, as he considered whether the First Amendment applied to broadsheets put out in the city of Lovell, California.
I've been watching elite journalists muse soulfully on the question, "Are bloggers journalists?" for what feels like a sickeningly long time, but is probably only since this past February, when the National Press Club convened its first panel on the question in the aftermath of the Jeff Gannon scandal.
John Aravosis, had investigated a fellow named James Guckert, who had been allowed into the White House press corps under the name Jeff Gannon. Aravosis found out, among other things, that Gannon had advertised his services as a male prostitute online and that his news service, Talon News, was funded directly by the Republican Party (rather like those 18th-century news broadsheets Andie Tucher spoke of in that August lecture).
So with worried faces, a panel that included Gannon, Congress Daily's John Stanton, former Philadelphia Inquirer staffer Ana-Marie Cox, now running an online column, mused soulfully on whether people like Gannon, or even like Cox, should be taken seriously, or seriously marginalized. (Aravosis, whose work exposing Gannon was the kind of digging Sree likes to talk about, wasn't invited onto the panel, though he spoke from the audience.)
The well-paid journalists in the room were worried, perhaps justly, about this blending of fact and opinion, which depending on who you read (just as with print magazines) can be crude or well crafted, thoughtful or not, original or lazy. These conversations seemed, at that point, kind of theoretical.
Not any more, in the wake of a journalism scandal far more explosive than Jeff Gannon and the resulting talk of a federal shield law, including testimony before Congress on the part of the very journalist who's at the center of the scandal. And the Press Club was at it again, on the same day as some of its members were asking: do bloggers deserve this shield? And the panel, this time including Jane Kirtley, a professor of media ethics at the University of Minnesota, and two TV journalists, agreed "probably not." All of it part of "National Free Speech Week, which may define irony, as noted by Roxanne .
Suddenly we're wondering what sort of writer gets First Amendment protection, and of what kind. And that brings me - briefly, I promise - back to the Supreme Court.