|
Second part:
Not all blogs are equally influential and not all blogs even try to report, in the usual sense of cultivating sources, actively gathering information and then organizing and presenting it to the public, Mr. Balkin added. "There are millions and millions of blogs, and most of them are for gossip."
Many states have privilege statutes like the one in California, and others may consider enacting them. To determine who should be able to claim any kind of privilege against disclosing news sources, he said, courts and lawmakers should look at exactly what the would-be reporter does.
"It should be extended on a functional basis," he said. So a blogger who interviews people and spends significant amounts of time gathering and organizing information could claim the privilege; a blogger who wrote about good and bad recipes, and who one day stumbled onto a copy of the Pentagon papers and printed them, might not.
Such a functional definition could prove elastic, and an enterprising blogger would have every reason to assert any available privilege. Mr. Balkin - asked whether he would assert the privilege if a former student leaked information to him about a Supreme Court justice that then appeared on his Web site - did not hesitate to claim it for himself.
"I would be willing to claim that if you look in my blog, what I'm doing is so similar to what Lewis or Krugman or Safire do," he said, referring to Anthony Lewis, Paul Krugman and William Safire, current and former columnists for The Times, that "although it's done more informally and it's about a much narrower area, that I could claim that I was in the functional definition. That's what happens when you start taking a functional approach."
Mr. Friedman, the blogger, said that ultimately, bloggers' role as purveyors of important information that traditional news organizations might ignore made online journalists more important than before, and so more deserving of protection.
"As the mainstream media has become more and more corporate and more and more like the governmental and corporate bodies that mainstream journalists used to report on," he said, "a lot of this stuff has fallen now to the bloggers - to do what mainstream folks used to do. It's still serving the exact same purpose: keeping the bad guys honest."
|