Issue 1: The Shield Law
(Note: This is the first in a series of posts about this topic by Kelsey Browne & Ariel Fox)
What is a blogger? The myriad ways in which blogging takes shape make definition difficult. Ranging from online diaries to overt advertisements to community newssites, blogs send forth a wide range of varied speech into the world. How should this speech be regulated, and how should such regulations be reconciled with the First Amendment? As with non-internet speech, questions of who the speaker is, and what the context and subject of the speech is, remain paramount. But these questions –particularly the speaker's identity and in what context he or she is speaking—become quickly complicated by technology and its ability to blur lines and spaces.
Blogs run the gamut from the most classically protected political speech to less protected commercial speech. Within this realm there are students speaking, employees speaking, and people speaking who have no desire to reveal their identities. Some blogs and bloggers are easy to categorize, but many are not. Bloggers are thus a diverse and disparate group. This disunity can frustrate blogger efforts to effect legal, legislative, and regulatory schemes that treat them in a manner that is fair, consistent, and transparent. In an effort to better understand bloggers and their constitutional rights, we will be exploring how bloggers have fared with the First Amendment, and how, in an ideal world, the First Amendment would apply to blogs and bloggers.
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