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Monday, October 10, 2005

Shield law won't protect bloggers 
If that's the case, then it makes a sham out of the shield law.

And a government that can grant de facto licenses to journalists is also big enough to strip them of their licenses on the whim of a prosecutor. Maybe it will fly in court, maybe it won't. But it will be more than enough to cause a reporter to look over his or her shoulder.

Personally, I don't think we need a shield law. Reporters need to protect sources, and the people, through government, have a legitimate public interest in investigating criminal behavior.

Well, enter the separation of powers. Judith Miller and the executive branch came to loggerheads over revealing the identity of her source in Plamegate. It went to a third branch, who had to weigh the two imperatives and make a decision. The decision the court made was reasonable. Had it gone the other way, it would have been reasonable, too. But Miller and the New York Times were wrong to commit contempt of court.

I understand the principle. I also understand the rule of law.

And we should not create a brahmin class of "journalists" who are exempt from it.

Splash, out

Jason

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