Would the Federalist Papers receive “press protection?” An article in the Christian Science Monitor today explores whether or not “press protections” extend to bloggers.
Here’s a quote:
Ultimately, the issue comes down to whether bloggers act like traditional journalists, says University of Iowa law professor and First Amendment specialist Randall Bezanson. Simply expressing opinions to a tiny audience doesn’t count, he says. If so, “then I’m a journalist when I write a letter to my mother reporting on what I’m doing. I don’t think the [constitutional] free-press clause was intended to extend its protections to letters to mothers from sons.”
As the primary authors of the Constitution did not use the “press,” but, rather, used the anonymously written “blogs of their era,” pamphlets, as their primary means of simply expressing opinions to a tny audience, I suggest “writing letters to mom” is not the proper comparison.