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Law370

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Kayla Harris

on 14 April 2010

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Transcript of Law370

BLOGGER & JOURNALIST
PRIVILEGES
KAYLA P. HARRIS What is a Journalist? Journalist is a person engaged in journalism, especially a writer or editor for a news medium or a person who aims at a mass audience. A journalist is also a person who keeps a journal. Journalists also typically write about current news, political topics, and also what is currently popular in our culture. What is a Blogger? A blogger is a person who blogs or a person who keeps and updates a blog. Bloggers also typically write about news, political topics, what is currently popular in our culture, BUT they also give their opinions on these topics and sometimes they even rant about the topic. KEY DIFFERENCES? Journalists
do research
conduct interviews
3rd person
Don't give opinion
Submit to News Outlets
ROLE IS TO INFORM Bloggers
many write ongoing diaries on their everyday lives
Some are more serious
Give some facts regarding an issue
Include their own opinions & commentary
INVITE OTHERS TO EXPRESS THEIR OPINONS
PRIVILEGES FIRST AMENDMENT Freedom of Speech
Freedom of the Press
A law that infringes upon either of these cannot be made. Why do People Want to be known as Journalists? In some states, journalists have laws that specifically protect their speech and their privacy rights, such as Shield laws & Retraction Statutes. A shield law is legislation that is designed to provide a news reporter with the right to refuse to testify as to information and/or sources of information obtained during the newsgathering and dissemination process. 36 states + D.C. have shield law protection
4 states have some protection
16 others do not have any protection Retraction Statutes Allow a journalist to retract their statements Section 230 Section 230 of Title 47 of the United States Code states that “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider" The EFF The Electronic Frontier Foundation confront issues on defending free speech, privacy, innovation, and consumer rights today. The EFF has won a few court cases that help all bloggers in the United States. Court Cases 1972 - Branzburg v. Hayes Shield Laws
Justice White:“To grant newsmen a testimonial privilege that other citizens do not enjoy. This we decline to do.”
“For a subpeona convincingly showing a substantial relation between the information sought and a subject of overriding and compelling state interest." Mathis v. Cannon Retraction Statutes - Applies to both journalists & bloggers
Georgia court denied plaintiff punitive damages because he did not ask for a retraction of the demeaning statement. EFF Court Cases Apple v. Does A California court held that online journalists (bloggers) have the same right to protect the confidentiality of their sources as offline journalists do. OPG v. Diebold A California court gave bloggers the right to free speech on their blogs in regards to copyrighted information Barrett v. Rosenthal Bloggers were granted freedom from liability for hosting speech the same way other web hosts do, however this decision was recently reversed in a California court. Wiki? Questions? Thank You!
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