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Sept. 23, 2009, 11:33 a.m.

Shield law: Definition of “journalist” gets professionalized

Last week, as the Senate Judiciary Committee prepared to vote on a federal shield law, I wrote about the competing definitions of a journalist in the House and Senate versions of the bill. Well, I have bad news on two fronts: The Judiciary Committee didn’t vote on the shield law, but it did adopt an amendment that would exclude amateur journalists from protection.

Previously, the Senate was working with a version of the shield law (S. 448) that defined a journalist in broad terms, focusing on the process and craft of newsgathering. That stood in contrast to the House version (H.R. 985), which passed in March and defines a journalist as someone who gathers news and information “for a substantial portion of the person’s livelihood or for substantial financial gain.”

On Thursday, according to the Reporters Committee for Freedom of the Press, Sen. Chuck Schumer (D-NY) offered an amendment to the Senate version that hews toward the professional definition in the House. Under the amendment, which was adopted by the Senate Judiciary Committee, a journalist is defined as someone who:

(iii) obtains the information sought while working as a salaried employee of, or independent contractor for, an entity—
(I) that disseminates information by print, broadcast, cable, satellite, mechanical, photographic, electronic, or other means; and
(II) that—
(aa) publishes a newspaper, book, magazine, or other periodical;
(bb) operates a radio or television broadcast station, network, cable system, or satellite carrier, or a channel or programming service for any such station, network, system, or carrier;
(cc) operates a programming service; or
(dd) operates a news agency or wire service;

As I observed last week, the shield law obviously needs a definition that limits its scope, but the professional definition, which now seems inevitable, would exclude student journalists as well as bloggers with a day job.

POSTED     Sept. 23, 2009, 11:33 a.m.
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