(Note: This is the second in a series of posts about this topic by Kelsey Browne & Ariel Fox)
Finally, on its 17th try, the Senate Judiciary Committee voted to send the proposed Federal Shield Law to the floor. This is promising, particularly because the Senate bill’s definition of who would be eligible for Shield Law protection – as it currently stands – is pretty good for bloggers, and better than the House bill’s definition. As we discussed previously, the House’s version restricts coverage to those who receive a substantial portion of their livelihood or substantial financial gain from their journalistic work, whereas the Senate’s new version protects those whose “primary intent” from the start is to gather and disseminate news to the public. Why is the Senate’s current definition better? Because an intent to disseminate news to the public, from the beginning of the journalistic process, is more reflective of an engagement in the journalistic process than a paycheck, particularly given the recent proliferation of volunteer reporters and news sites.
We propose a definition of “covered persons” under the Shield Law in which primary intent to disseminate news to the public plays a threshold role. In addition to this primary intent, and closely related to it, is the requirement that the topic matter be of interest to the public – not personal gossip. Once – and only if – those two requirements are met, a judge should consider three related factors: credibility, accountability, and the established nature of the news site.
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