lukegilman.com : The Blawgraphy
Life of a Law Student, University of Houston Law Center

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Please note: I'm no longer updating this particular blog, but keep it around for archival purposes. Visit me at the current blog at www.lukegilman.com

The Daily Show on Fleeting Expletives: What Not to Swear

The Supreme Court recently took up the case of ‘fleeting expletives’ aka the ‘Bono rule’ in FCC v. Fox Television Stations. It didn’t escape the notice of the Daily Show, which has in the course of it’s typical fare of sharp political satire and outlandish humor, developed the bleeped curse-word to an art form of sorts. Stooping to the occasion, the Daily Show channels their inner George Carlin for what could only charitably be described as a tour de bleeping, a magnificent piece of satire as wickedly self-referential as it is funny and appalling.

Thank goodness the FCC is here to protect us from profanity on the airwaves.

Bloggers as Newsmen – Expanding the Testimonial Privilege

Should bloggers have the same testimonial privilege as the newspaper people? Um, yes please…? In any event, an interesting Note from Boston University Law Review:

This Note examines the complexities of the reporter’s privilege and how it has been interpreted in the context of advancing technology. Part I examines the history of the debate behind the reporter’s privilege, stemming from the Supreme Court’s decision in Branzburg v. Hayes, that the First Amendment does not guarantee an absolute testimonial privilege to journalists. It then compares examples of the various types of state statutes that grant reporters a shield protection despite the Court’s ruling. Part II explores the question of privacy and its unique application to the anonymity that the Internet provides to bloggers and online newsmen. Part III discusses the legal questions surrounding blogs more specifically, including the courts’ current rulings that relate to Internet speech and newsgathering. In Part IV, this Note argues that bloggers should be considered journalists, and calls for a federal shield statute that protects all newsmen from compelled testimony in response to a subpoena. The proposed statute would apply regardless of the medium these reporters employed in the dissemination of news. It further proposes that the criteria for determining who qualifies for the federal privilege should be based on the product an individual produces, rather than professional affiliation or chosen medium. Yet, to address the interests of the justice system and of civil plaintiffs, this Note proposes an exception to the grant of privilege for misprision of felony, an additional statutory protection for whistleblowers, and a balancing test to accommodate the differing priorities of parties to a civil claim.

Anne M. Macrander, Bloggers as Newsmen: Expanding the Testimonial Privilege, 88 B.U. L. Rev. 1075 (2008)

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