Congress is looking to do away with citizen journalism
Posted on | December 6, 2009 | 2 Comments
By: Mark Hemingwa
An amendment to a bill ( S.448 ) currently being considered by the Senate would deny ordinary citizens doing vital investigations in the public interest the same legal protections as professional journalists. If it were to become law, the change could significantly stifle important citizen journalism efforts similar to the recent ACORN expose.
The Senate is currently considering a new press shield law ( https://thomas.loc.gov/cgi-bin/bdquery/z?d111:S448: ) sponsored by Sen. Arlen Specter, D-Pa. The bill would “maintain the free flow of information to the public by providing conditions for the federally compelled disclosure of information by certain persons connected with the news media.” Except that Sen. Diane Feinstein, D-Cal., and Sen. Dick Durbin, D-Ill., want to ensure that any new journalistic protections would only apply to professional journalists and not regular citizens. An amendment filed by Durbin and Feinstein would modify the legislation to define journalists thusly:
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.
While the ACORN story has stung congressional Democrats and pointed out the deficiencies of the mainstream media, there’s no basis for Durbin and Feinstein’s amendment that seems anything other than vindictive or an attempt to protect the powerful. It’s telling that bloggers on both the left and the right are in total agreement this is very bad law.
Title: A bill to maintain the free flow of information to the public by providing conditions for the federally compelled disclosure of information by certain persons connected with the news media.
Sponsor: Sen Specter, Arlen [PA] (introduced 2/13/2009) Cosponsors (10)
Latest Major Action: 12/10/2009 Senate committee/subcommittee actions. Status: Committee on the Judiciary. Date of scheduled consideration. SD-226. 10:00 a.m.
All Information (except text) | Text of Legislation | CRS Summary | Major Congressional Actions
All Congressional Actions with Amendments |
Titles | Cosponsors (10) | Committees | |
Related Bills | Amendments | Related Committee Documents | |
CBO Cost Estimates | Subjects |
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Comments
2 Responses to “Congress is looking to do away with citizen journalism”
December 6th, 2009 @ 9:40 am
S.448, will the Chief Justice of the United States of America do his duty, and review this legislation before it becomes law, as is his and the court’s duty under our Constritutional Republic’s requirement? Or will it, like most legislation, only be taken up on appeal when it comes before the ocurt? Our constitution requires the Chief Justice and the court to review all legislation and rule on the constitutionality of said legislation before it becomes law. This part of the checks and balances and the reason the founding fathers setup three separate branches of government. Let’s see what happens if this bill ever advances.
December 6th, 2009 @ 9:00 pm
CJ John Roberts won’t do a thing. He’s bought and paid for scum just like Carter.