Bloggers and Journalism

      By: Garrett Graff  |  March 23, 2005

      I've spent the much of the last two years working in and around blogs, and during that time I've seen an impressive evolution. I remember while working on the Dean campaign having to explain patiently to journalist after journalist what a "web log" was. Now most journalists I talk with can easily rattle off the top 10 or so blogs that write about their beats. I remember last summer going into meetings with Nicco and trumpeting how Technorati now tracked over 3 million blogs, and there were 15,000 new blogs being created a day. Now Technorati tracks somewhere in the neighborhood of 8 million blogs and new estimates say that more than 30,000 blogs are created daily. Perhaps nowhere has the radical evolution of blogging been more clear than in journalism and reporting. We've seen blogs break news (Jeff Gannon, Dan Rather, and Kryptonite locks) and help drive media coverage (the tsunami and Eason Jordan), and we've seen bloggers go where once journalists only treaded (the conventions, and me, to the White House). What's increasingly clear is that a small subset of blogs, perhaps numbering a few hundred, perhaps numbering a few thousand, are becoming news outlets rather than just commentators. The whole world, from media organizations to corporations to the courts, is trying to figure out how to handle those "special" bloggers. Are they journalists? Do they deserve the slim but critical protections that journalists legally receive? My entrance to the White House earlier this month, and the White House's inherent decision that bloggers could be journalists, became intertwined with the "Apple blogger case" in California, where a few days earlier a judge had denied journalistic protections to bloggers who had broken news about forthcoming Apple products. The judge, in essence, ruled that those bloggers weren't journalists. Now I've been following that case rather closely not just because of the journalism implications but also because one of the bloggers involved, Nicholas M. Ciarelli, is a student at my alma mater and so the Crimson (where I spent far too many hours in college) has been covering it extensively. The Electronic Frontier Foundation is arguing that those writing for blogs and websites increasingly act as "unofficial" news sources and thus should get the same First Amendment and California Shield Law protection as "regular" journalists. So do the Apple bloggers deserve to be journalists? I think so. Just because Apple doesn't like what they're writing isn't a reason that they shouldn't be respected. Journalists break news. The EFF makes the argument that simply saying that the bloggers are publishing "trade secrets" isn't enough to deny them journalism's protections since details like the cancer ties of cigarette smoking could be considered trade secrets too and such publication has been repeatedly upheld in the courts. Do most bloggers deserve be protected as journalists? No. Probably not even 1 percent of the 8 million bloggers. Most bloggers would laugh at you if you implied that they were journalists or were doing reporting. Most bloggers keep a public journal of their thoughts and have little interest in independent news gathering and dissemination. But over the coming months and years there will be an ever increasing number of bloggers who are doing reporting and news gathering, and there will be many times when a blogger breaks news simply because there are 8 million of them writing--far more than there journalists in the U.S. We're quickly entering an era where it will be nearly impossible to tell easily who is or who is not a journalist, and that won't be easy for anyone involved. Unfortunately, though, as a society we have to err on the side of giving out journalism's protections of free speech and a free press more widely than not. If someone claims that they're a journalist and can meet a very basic standard-perhaps as little as "regularly published" and "independent and nonpartisan," two of the three main criteria in Washington-we're all just going to have to give them a benefit of a doubt. As soon as someone, whether it's a judge or the White House or a panel of "real" journalists, becomes the arbiter of "journalism" we're all in trouble. After all, journalists are the only profession specifically protected by the Constitution. The Founders must've thought they were important somehow.

      Comments

      The judge in the Apple case actually made no determination whether Nick dePlume or any other blogger deserved the same rights as journalists. Even if he had, it's unclear whether "journalists" actually have any extra First Amendment rights. Remember - folks are going to jail becuase they refuse to name their sources in the Valerie Plame case. In the Apple case, the judge was pretty clear that even identified "journalists" are covered by California's "trade secrets" law. Daring Fireball has some pretty cogent analysis and he quotes the actual decision: These statutes reflect this state’s strong commitment to the protection of proprietary business information. See Integral Dev. Corp. v. Weissenbach (2002) 99 Cal. App. 4th 576, Magnecomp Corp. v. Athene Co. (1989) 209 Cal. App. 3d 526. The statutes also support the compelling interest of disclosure which may, in the proper civil case, outweigh First Amendment rights. As discussed infra, the United States and California Supreme Courts have underscored that trade secret laws apply to everyone regardless of their status, title or chosen profession. The California Legislature has not carved out any exception to these statutes for journalists, bloggers or anyone else. (Emphasis added.) So, it doesn't matter whether you're a journo or not. You still have to follow the law. The real question is whether or not there really are any actual "journalist rights." If there are, I think one has to ask where they come from. Last time I checked, the Constitution didn't identify any other rights that are only held by folks in certain professions. If a right exists, it exists in all of us.