Shielding the Unmedia: Using the Process of Journalism to Protect the Journalist's Privilege in an Infinite Universe of Publication

42 Pages Posted: 23 Sep 2003

See all articles by Linda L. Berger

Linda L. Berger

University of Nevada, Las Vegas, William S. Boyd School of Law

Date Written: 2003

Abstract

When a computer and a connection to the Internet allow almost anyone to claim to be a journalist, the question of who should be covered by media shield laws becomes especially difficult. Based on the premise that it is important to preserve the journalist's privilege and to accommodate the "unmedia" if that can be done without undermining journalism's values, this article suggests that the best way to limit the journalist's privilege is not to define "who is a journalist?" or "what is news?" Instead, the privilege should extend protection to anyone who is engaged in the work process of journalism.

Drawing on the profession's standards, the article proposes that an individual is "engaged in journalism" when the writer is involved in a process that is intended to generate and disseminate truthful information to the public on a regular basis. The article identifies key elements of the newsgathering process that can be judged objectively, and without undue intrusion into the editorial process, no matter who uses them or in what medium.

Keywords: Media shield law, journalist's privilege, First Amendment privilege, newsperson's privilege, state shield statutes

Suggested Citation

Berger, Linda L., Shielding the Unmedia: Using the Process of Journalism to Protect the Journalist's Privilege in an Infinite Universe of Publication (2003). Available at SSRN: https://ssrn.com/abstract=446040 or http://dx.doi.org/10.2139/ssrn.446040

Linda L. Berger (Contact Author)

University of Nevada, Las Vegas, William S. Boyd School of Law ( email )

4505 South Maryland Parkway
Box 451003
Las Vegas, NV 89154
United States

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