A federal shield law giving some assistance to people in protecting their anonymous sources has made its way out of a Senate committee:
In a 13-5 vote, the committee approved S. 987, the Free Flow of Information Act (FFIA), which is sponsored by Sens. Charles Schumer, D-N.Y., and Lindsay Graham, R-S.C. The bill would require anyone seeking confidential source information to exhaust alternative sources, demonstrate a high degree of relevance for the information sought, and would require a federal judge to conduct a balancing test to determine whether to allow a prosecutor or litigant to subpoena a journalist in federal court. Although 48 states and the District of Columbia protect journalists from compelled testimony either by statute or common law, Congress has not yet provided similar protections.
I'm okay with the general principle here, but I get nervous when it includes stuff like this:
Similarly, the bill’s protections are not limited to people who produce journalism for financial gain. Indeed, the FFIA does not contain any requirements regarding compensation. The bill covers a wide range of bloggers, student journalists, and others, as long as their primary intent is to gather news and information for the public.[emphasis mine]
I'm not sure what they mean by "primary intent." Does that apply to a blog or blogger in general or can it apply only to a specific post?
For example, I don't think the "primary intent" of this blog is to "gather news and information for the public." However, if I get a story from an insider at city hall and publish a post on it, shouldn't I get the same ability to protect my source as a beat reporter from the Strib? After all, freedom of the press doesn't apply to a special class of citizens, it's the right of all Americans.
If not, why not?
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