House Passes Free Flow of Information Act
Submitted by birdie on October 17, 2007 - 2:26pm
Topic:
kmccook writes "The House has just passed the Free Flow of Information Act, also known as the federal shield law. The bill passed by a vote of 398-21, a margin that would easily override the veto which the White House has promised (pdf). The bill provides journalists with a qualified privilege as to sources and information, while at the same time, recognizing the need for effective law enforcement and robust national security."
Comments
Definition of journalists
My problem with shield laws for journalist is the defining of who is a journalists. I don't think journalist should get anymore protection than any other citizen. The shield law that just passed applies to "covered persons" using the language of the act. Here is the definition of covered persons from the act: 2) COVERED PERSON- The term "covered person" means a person who regularly gathers, prepares, collects, photographs, records, writes, edits, reports, or publishes news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public for a substantial portion of the person's livelihood or for substantial financial gain and includes a supervisor, employer, parent, subsidiary, or affiliate of such covered person.
So the test is you have to 1) gather news as a substantial portion of your livelihood or 2) for substantial financial gain
So the citizen that gathers good news and distributes through their website for free is not covered? Why not? Why if you make a "substantial financial gain" do you get extra-protection over a citizen news gatherer that does not make a livelihood out of gathering the news?