Shield Law: Is it Constitutional?

(((NOTE: I have permission to post this from MCS rather than as a blog post because I wanted to generate a discussion.)))

Sens. Dianne Feinstein, Charles Schumer and others want the Media Shield Law worded in such a way as to say bloggers arent journalists and therefore arent entitled to the same protections under the First Amendments freedom of the press.

What does that mean?

As Feinstein said, much like doctor-patient privilege, a journalist won't be forced under the Shield Law to reveal a source. However, the wording she has in mind gives no such protection to a blogger. What happened to Fox News reporter James Rosen could happen to anyone if I were to leak government secrets.

The First Amendment gives all citizens the right to say whatever they want unless its treasonous or it incites unlawful activity.

In fact, the only reason the any government would even consider Shield Laws is to try to prevent sedition. The fact is that no government wants its members to tell the press how corrupt its being.

Furthermore, most politicians, like Feinstein or Schumer, no they cant really punish a major news organization for leaking classified government documents to the public. For that matter, the best they can usually do is try to get a story killed or rewritten.

However, bloggers are another matter. Nowhere does information flow faster than on the Internet. Corrupt politicians know we dont usually have a lot of money or resources to fight them. They know were a lot harder to get to kill or rewrite a story. They would rather not deal with us entirely. Thats why they want to define who is and who isnt covered by the First Amendment.

Feinstein seems to think you need proper credentials in order to be a journalist.

Furthermore, according to Feinstein, youre not a real journalist unless you get a salary.

Based upon the protections guaranteed to us by the Freedom of Press and the First Amendment, the Senate has no right to enact the Unconstitutional Shield Law. It is illegal and will not be tolerated.

I was going to type a calculated, thoughtful response to the question that involved my academic experience with constitutional interpretation, but then I saw OP's image and my train of thought smacked dead into a wall.

I was going to type a calculated, thoughtful response to the question that involved my academic experience with constitutional interpretation, but then I saw OP's image and my train of thought smacked dead into a wall.

   THE_DRUGGIE

[QUOTE="THE_DRUGGIE"]

I was going to type a calculated, thoughtful response to the question that involved my academic experience with constitutional interpretation, but then I saw OP's image and my train of thought smacked dead into a wall.

   The-Apostle

You can't erase my memory of that Nancy Pelosi clown image with her wearing an Obamao-Tse Tung button.

Thread over, man.

Big government here to save the day! Fox News and MSNBC talking about global warming FACT. It's science and political policy. Journalist report the facts without sources and we learn faster. It's the new age of knowledge. Skip that hard stuff common sense, Fox News says Iran is developing nuclear weapons from their legally unidentified government source, the democracy nazis attack. Simple. Faster. Smarter. Why haven't we thought of this before the government?

The first amendment doesn't give citizens sh*t. The first tells the government, people have the right to speak. The same apply with the other nine.

[QUOTE="The-Apostle"][QUOTE="THE_DRUGGIE"]

I was going to type a calculated, thoughtful response to the question that involved my academic experience with constitutional interpretation, but then I saw OP's image and my train of thought smacked dead into a wall.

   THE_DRUGGIE

You can't erase my memory of that Nancy Pelosi clown image with her wearing an Obamao-Tse Tung button.

Thread over, man.

[QUOTE="THE_DRUGGIE"]

[QUOTE="The-Apostle"] I deleted the image. I'm going for a meaningful discussion.The-Apostle

You can't erase my memory of that Nancy Pelosi clown image with her wearing an Obamao-Tse Tung button.

Thread over, man.

All them godless commie women who belong in the kitchen look alike AMIRITE?

[QUOTE="The-Apostle"][QUOTE="THE_DRUGGIE"]

You can't erase my memory of that Nancy Pelosi clown image with her wearing an Obamao-Tse Tung button.

Thread over, man.

   THE_DRUGGIE

All them godless commie women who belong in the kitchen look alike AMIRITE?

[QUOTE="THE_DRUGGIE"]

[QUOTE="The-Apostle"] It was Feinstein. >_>The-Apostle

All them godless commie women who belong in the kitchen look alike AMIRITE?

Okay, then why are you hating on freelance journalists? That whole "you gotta get a salary to do journalism" does an incredible disservice to people who want to get known in the field but struggle to do so, some because of circumstances they currently have no control over.

Show a little respect for how hard they work for so little.

[QUOTE="The-Apostle"][QUOTE="THE_DRUGGIE"]

All them godless commie women who belong in the kitchen look alike AMIRITE?

   THE_DRUGGIE

Okay, then why are you hating on freelance journalists? That whole "you gotta get a salary to do journalism" does an incredible disservice to people who want to get known in the field but struggle to do so, some because of circumstances they currently have no control over.

Show a little respect for how hard they work for so little.

[QUOTE="THE_DRUGGIE"]

[QUOTE="The-Apostle"] Stop trying to derail the thread.The-Apostle

Okay, then why are you hating on freelance journalists? That whole "you gotta get a salary to do journalism" does an incredible disservice to people who want to get known in the field but struggle to do so, some because of circumstances they currently have no control over.

Show a little respect for how hard they work for so little.

Well, if you're posting images like the one you originally had in your blog, I'd be inclined to agree. You're more of an Op-Ed than an actual journalist.

EDIT: Oh wait, you actually DO have that image in your blog. Well...

[QUOTE="The-Apostle"][QUOTE="THE_DRUGGIE"]

Okay, then why are you hating on freelance journalists? That whole "you gotta get a salary to do journalism" does an incredible disservice to people who want to get known in the field but struggle to do so, some because of circumstances they currently have no control over.

Show a little respect for how hard they work for so little.

   THE_DRUGGIE

Well, if you're posting images like the one you originally had in your blog, I'd be inclined to agree. You're more of an Op-Ed than an actual journalist.

[QUOTE="THE_DRUGGIE"]

[QUOTE="The-Apostle"] Way to not read what I was saying: Feinstein seems to think you need proper credentials in order to be a journalist. Furthermore, according to Feinstein, you're not a real journalist unless you get a salary. According to Feinstein. Duh... And I'm an unpaid blogger. Feinstein is saying I'm not a journalist.The-Apostle

Well, if you're posting images like the one you originally had in your blog, I'd be inclined to agree. You're more of an Op-Ed than an actual journalist.

I've taken more than a few journalism classes during my undergrad years, and I have to say that you're doing a terrible job of being neutral if you're aiming for being a journalist, as opposed to a series of opinion articles.

[QUOTE="The-Apostle"][QUOTE="THE_DRUGGIE"]

Well, if you're posting images like the one you originally had in your blog, I'd be inclined to agree. You're more of an Op-Ed than an actual journalist.

   THE_DRUGGIE

I've taken more than a few journalism classes during my undergrad years, and I have to say that you're doing a terrible job of being neutral if you're aiming for being a journalist, as opposed to a series of opinion articles.

[QUOTE="THE_DRUGGIE"]

[QUOTE="The-Apostle"] I'm no less of a journalist, actually. And she's saying no blogger is a journalist.The-Apostle

I've taken more than a few journalism classes during my undergrad years, and I have to say that you're doing a terrible job of being neutral if you're aiming for being a journalist, as opposed to a series of opinion articles.

Protip: You can still sound INCREDIBLY opinionated without having to use the word "I" at any point in time. Take the first couple paragraphs of your most recent blog, for example.

Your opening uses "Despite the fact that it is illegal for many of them to hold a job, they are allowed to go to college." This uses language that is clearly forceful to one side and, given that journalistic pieces run on an upside-down pyramid format (having the meat and purpose of the article be at the start), this does not set a neutral tone for the rest of the work, no matter how hard you will try to say otherwise. In fact, the final few sentences are the nail in the coffin, advertising a service and flat-out giving an opinon that law school, and schooling in general, is unnecessary.

I'm not trying to be mean here. In fact, I'm actually trying to help you out by giving you some advice from someone who has been formally educated in the field of Journalism as part of their degree because, if you are still in college for journalism, it is readily apparent that your professors are letting you slip by with little to no significant critical feedback and, in the end, that is the fault of the educator...but also the student.

[QUOTE="The-Apostle"][QUOTE="THE_DRUGGIE"]

I've taken more than a few journalism classes during my undergrad years, and I have to say that you're doing a terrible job of being neutral if you're aiming for being a journalist, as opposed to a series of opinion articles.

   THE_DRUGGIE

Protip: You can still sound INCREDIBLY opinionated without having to use the word "I" at any point in time. Take the first couple paragraphs of your most recent blog, for example.

Your opening uses "Despite the fact that it is illegal for many of them to hold a job, they are allowed to go to college." This uses language that is clearly forceful to one side and, given that journalistic pieces run on an upside-down pyramid format (having the meat and purpose of the article be at the start), this does not set a neutral tone for the rest of the work, no matter how hard you will try to say otherwise. In fact, the final few sentences are the nail in the coffin, advertising a service and flat-out giving an opinon that law school, and schooling in general, is unnecessary.

I'm not trying to be mean here. In fact, I'm actually trying to help you out by giving you some advice from someone who has been formally educated in the field of Journalism as part of their degree because, if you are still in college for journalism, it is readily apparent that your professors are letting you slip by with little to no significant critical feedback and, in the end, that is the fault of the educator...but also the student.

[QUOTE="THE_DRUGGIE"]

[QUOTE="The-Apostle"] I don't think much of my work is that opinionated.The-Apostle

Protip: You can still sound INCREDIBLY opinionated without having to use the word "I" at any point in time. Take the first couple paragraphs of your most recent blog, for example.

Your opening uses "Despite the fact that it is illegal for many of them to hold a job, they are allowed to go to college." This uses language that is clearly forceful to one side and, given that journalistic pieces run on an upside-down pyramid format (having the meat and purpose of the article be at the start), this does not set a neutral tone for the rest of the work, no matter how hard you will try to say otherwise. In fact, the final few sentences are the nail in the coffin, advertising a service and flat-out giving an opinon that law school, and schooling in general, is unnecessary.

I'm not trying to be mean here. In fact, I'm actually trying to help you out by giving you some advice from someone who has been formally educated in the field of Journalism as part of their degree because, if you are still in college for journalism, it is readily apparent that your professors are letting you slip by with little to no significant critical feedback and, in the end, that is the fault of the educator...but also the student.

You really shouldn't sacrifice your journalistic integrity for advertising space. It's not a fantastic way to present information in a neutral manner. This is one part of your education you should have paid attention to (I sincerely hope they covered kickbacks in your program).

With that blatant kind of advertisement, you unfortunately sealed the path to becoming an Op-Ed. Also, being a copy editor does not mean much. You're really just correcting basic errors people make, something that I did for many different group projects that spanned hundreds of pages. What I suggest is looking at the tone your written content has, and try to make it more neutral (AP articles are a very good example).

[QUOTE="The-Apostle"]

[QUOTE="THE_DRUGGIE"]

Protip: You can still sound INCREDIBLY opinionated without having to use the word "I" at any point in time. Take the first couple paragraphs of your most recent blog, for example.

Your opening uses "Despite the fact that it is illegal for many of them to hold a job, they are allowed to go to college." This uses language that is clearly forceful to one side and, given that journalistic pieces run on an upside-down pyramid format (having the meat and purpose of the article be at the start), this does not set a neutral tone for the rest of the work, no matter how hard you will try to say otherwise. In fact, the final few sentences are the nail in the coffin, advertising a service and flat-out giving an opinon that law school, and schooling in general, is unnecessary.

I'm not trying to be mean here. In fact, I'm actually trying to help you out by giving you some advice from someone who has been formally educated in the field of Journalism as part of their degree because, if you are still in college for journalism, it is readily apparent that your professors are letting you slip by with little to no significant critical feedback and, in the end, that is the fault of the educator...but also the student.

   THE_DRUGGIE

You really shouldn't sacrifice your journalistic integrity for advertising space. It's not a fantastic way to present information in a neutral manner. This is one part of your education you should have paid attention to (I sincerely hope they covered kickbacks in your program).

With that blatant kind of advertisement, you unfortunately sealed the path to becoming an Op-Ed. Also, being a copy editor does not mean much. You're really just correcting basic errors people make, something that I did for many different group projects that spanned hundreds of pages. What I suggest is looking at the tone your written content has, and try to make it more neutral (AP articles are a very good example).

[QUOTE="THE_DRUGGIE"]

[QUOTE="The-Apostle"] The last few sentences of each blog are specifically an advertisement for a side-business. And I have a bachelor's degree in journalism. I was assistant copy editor at that school's paper. Also, I don't believe an education is entirely necessary anymore because everybody wants experience now. There are other ways to make money anyway.

The-Apostle

You really shouldn't sacrifice your journalistic integrity for advertising space. It's not a fantastic way to present information in a neutral manner. This is one part of your education you should have paid attention to (I sincerely hope they covered kickbacks in your program).

With that blatant kind of advertisement, you unfortunately sealed the path to becoming an Op-Ed. Also, being a copy editor does not mean much. You're really just correcting basic errors people make, something that I did for many different group projects that spanned hundreds of pages. What I suggest is looking at the tone your written content has, and try to make it more neutral (AP articles are a very good example).

Okay, so you just wrote an opinion piece that was also a self-advertisement. That's a serious problem if your intention is to not write like an Op-Ed.

Would be great if you know a way I can monetize my blog and make decent money. I've been looking for a way for months. >_>

Would be great if you know a way I can monetize my blog and make decent money. >_>The-Apostle

Ah, that's the joy of freelancing. You should not expect to make money off your own blog, but it is a decent way to put yourself out there to potential employers as a way to prove you can prove quality journalistic works.

I've actually gotten offers to write for a few gaming sites before via them reading my Soapbox blog (never made a dang dime from my user blog), and even did a short gig for one of them.

Never expect a site/blog you make to generate significant (or any) revenue. Treat it more like an extension of your resume.

[QUOTE="The-Apostle"]Would be great if you know a way I can monetize my blog and make decent money. >_>THE_DRUGGIE

Ah, that's the joy of freelancing. You should not expect to make money off your own blog, but it is a decent way to put yourself out there to potential employers as a way to prove you can prove quality journalistic works.

I've actually gotten offers to write for a few gaming sites before via them reading my Soapbox blog (never made a dang dime from my user blog), and even did a short gig for one of them.

Never expect a site/blog you make to generate significant (or any) revenue. Treat it more like an extension of your resume.

[QUOTE="THE_DRUGGIE"]

[QUOTE="The-Apostle"]Would be great if you know a way I can monetize my blog and make decent money. >_>The-Apostle

Ah, that's the joy of freelancing. You should not expect to make money off your own blog, but it is a decent way to put yourself out there to potential employers as a way to prove you can prove quality journalistic works.

I've actually gotten offers to write for a few gaming sites before via them reading my Soapbox blog (never made a dang dime from my user blog), and even did a short gig for one of them.

Never expect a site/blog you make to generate significant (or any) revenue. Treat it more like an extension of your resume.

Other small companies, yeah. Put yourself out there to small sites or local papers and see what offers come up. I'm not going to lie, you're going to be in for a lot of rejection in the field of journalism. It's a bunch of sharks, really.

In a way, I'm thankful I never chose Journalism to be my bachelor's degree. The exploration of how employment works in that realm was more than enough to steer me away from it.

But now that you have that degree, you have to live with it. No excuses for quitting. Just try to improve your style and learn to be more neutral while balancing how to capture the reader's attention. I know it's a very nebulous concept, but it really is important to get down.