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Court Expands Bloggers’ Rights
June 2006

Somewhat under the radar, a recent California court case recognized bloggers’ rights to protect their sources, even as mainstream journalists face challenges to their rights to shield their sources.

On May 23rd, a panel of the California Court of Appeals decided that news sites PowerPage and AppleInsider, which had published leaked information about a forthcoming Apple product known as Asteroid, shouldn’t have to share the identities of their sources with Apple lawyers seeking to plug leaks in their famously closed-mouthed shop. In a unanimous verdict, the court decided that the sites were engaged in legitimate journalism because they undertook the process of gathering and disseminating news. Whether an organization publishes in print or online would not affect its status as a news outlet, the court said.

This decision comes at a time when some bloggers across the nation are clamoring to be treated like reporters. Some have voiced complaints that they are not welcome in press conferences or that they cannot get official press credentials in many cities. Government officials and major companies have defended their decisions to draw the line in a way that excludes nontraditional media; since anyone can now start a blog in just a few minutes and at no cost, they say, reporters’ privileges cannot be open to all those individuals. Nevertheless, if the reasoning of the California judges takes hold in other states, it will undoubtedly be a boon to citizen journalism initiatives and bloggers trying to gain recognition as serious, sanctioned news outlets. It could equally help the efforts of those trying to improve the content (of uneven quality) being published on blogs. This case is a small but necessary step in the mainstreaming of electronic news.


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