When Truth Survives Free Speech
Having, like the NYT journalist, read the decision and various information about the case, I take almost the opposite tack. It's not the ruling on whether she is a journalist that is irrelevant, that's actually the key point. The person probably did engage in defamation.The problem is the judge used this case to make a wide ranging and unnecessary determination that bloggers are not journalists because they don't work for big traditional organizations like the NYT. Now the NYT, the employer of the author of this article, is, like many traditional media organizations, financially threatened by independent bloggers who have been gaining massive traction and readership over the last decade that draws away from traditional large media. The publisher and supporters of giant consolidated media are threatened by loss of consolidated points of media control which special interests can leverage. Completely independent journalists, including many bloggers, have been threatening the status quo for some time. Overreaching court rulings that only those working for corporate agencies are "legitimate" certainly serve the interests of those in power.Whether the independent journalist/blogger in question was guilty of defamation didn't require such a finding about their status as a journalist so the decision is certainly overreaching.On the issue of the Oregon Shield Law, the judge certainly misrepresented it since by stating (exact quote from ORS 44.510) "'Medium of communication' has its ordinary meaning and includes, but is not limited to, any newspaper, magazine or other periodical, book, pamphlet, news service, wire service, news or feature syndicate, broadcast station or network, or cable television system.", it says INCLUDES BUT IS NOT LIMITED TO, in its definition of "Mediums of Communication". The definition of "medium of communication" is critical because in ORS 44.520 the law reads "No person connected with, employed by or engaged in any medium of communication to the public shall be required by a legislative, executive or judicial officer or body, or any other authority having power to compel testimony or the production of evidence, to disclose, by subpoena or otherwise..." Not just employed by, but connected with or engaged in any medium of communication to the public. Any reasonable reading of this law will include independent journalists and bloggers.Full text of Oregon Shield law: http://www.orenews.com/web/legal/shieldslaw.php