One of the things that really stuck out in the BATFU complaint about Red's Trading Post "harassing" them was their claim that the citizen photographing their activities was not--what we here at WarOnGuns have termed--an "authorized journalist."
Ryan Horsley's lawyers need to check this out:
http://beltwayblogroll.nationaljournal.com/archives/2007/08/the_bureaucracy.php
The CIA has already ceded "that bloggers are journalists, too, when it recently decided to waive the fees for Freedom of Information Act requests filed by bloggers," and that's been confirmed by an ABC News blog:
http://blogs.abcnews.com/theblotter/2007/07/spy-agency-oks-.html
They report:"Earlier this year, the criminal trial of former White House aide I. Lewis "Scooter" Libby was the first time a federal court had issued press credentials to bloggers. A rotating pool of five to 10 bloggers sat alongside dozens of traditional media reporters to hear the government try and convict one-time aide to Vice President Dick Cheney on perjury and obstruction of justice charges stemming from the leak of an undercover CIA operative's identity."
The Beltway Blogroll article then discusses how BATFU departs from this precedent established by both the Executive and Judiciary when they claim "the person at Red's taking photos with a digital camera 'did not have any affiliation with any newspaper or news agency,'" and includes a few links to Red's Blog, along with a link to and a quote from yours truly.
In this case, the photographer was acting as an independent and free citizen with the intent of documenting and disseminating information on public government activities to his fellow citizens, and in fact, this information has been used for that purpose not only on this and Ryan's blog, but also on news sites like WorldNetDaily and now the National Journal.
If BATFU's contention prevails, they will, in essence and effect, be given judicial authority to decide who is qualified to report to us on their activities--and who is not. That's hardly within the scope of their assigned "authority," and hardly within the scope of government's authority to delegate to them.
It seems to me the judge should be given this information.
[More about Red's Trading Post from WarOnGuns]
The only standard I've seen to get "press credentials" is to seek the permission of the parties responsible for the venue about which you will be reporting.
ReplyDeleteSo if Mr. Horsley gives you permission, buy your fedora, print a press tag, and you're all set!
Nothing makes me angrier than this issue. I've worked as a reporter in the past. The 'press pass' should be outlawed. There's no mention of an 'official, legitimate' news media in the First Amendment. The mainstream newswhores are our biggest enemies.
ReplyDeleteBig Dave:
ReplyDeleteYou need to take a look at AB 854 just signed by your Governor. After January 1, 2008 the California Department of Justice will now make the determination whether or not outdoor writers are legit and can receive guns from manufacturers, importers or dealers for evaluation. This was the brain child of the that great legal mind Chuck Michelle and the bill was sponsored by the NRA. Here's a link to the state sente analysis of the bill. http://info.sen.ca.gov/pub/07-08/bill/asm/ab_0851-0900/ab_854_cfa_20070618_102652_sen_comm.html
Thanks, Big Judas (again, assuming it's really you)! I'll look into this and do a post.
ReplyDeleteIf you've hung around here at all, you'd know I'm not in lockstep with NRA or Michel, who, curiously, implied Gary Gorski would be remembered as a "Judas" for the Silveira lawsuit, and even argued the plaintiffs lacked standing. Kind of like the stance you now take, now that you've switched allegiances and started taking pay from people you once accused of being in it for the money.
Anyway, I have no problem being consistent in principle and criticizing anyone on any side when I perceive they've done wrong.
But just out of curiosity, do you bring this up because you favor eliminating that standard? Or do you just like instigating squabbles in the opposing camp and then watching from the sidelines?
By the way--how's AHSA going? Got any members yet? How soon do you expect their information will be posted on Guidestar so we can get further insights on their inner workings?