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Newspapers Cut Wikileaks Out of Shield Law

An anonymous reader writes "The US press has been pushing for a (much needed) federal shield law, that would allow reporters to protect their sources. It's been something of a political struggle for a few years now, and things were getting close when Wikileaks suddenly got a bunch of attention for leaking all those Afghan war documents. Suddenly, the politicians involved started working on an amendment that would specifically carve out an exception for Wikileaks so that it would not be covered by such a shield law. And, now, The First Amendment Center is condemning the newspaper industry for throwing Wikileaks under the bus, as many in the industry are supporting this new amendment, and saying that Wikileaks doesn't deserve source protection because 'it's not journalism.'"

47 of 602 comments (clear)

  1. LOLWUT? by bertoelcon · · Score: 5, Insightful

    Wikileaks doesn't deserve source protection because 'it's not journalism.

    Did the news industry forget what journalism is?

    --
    Anything can be found funny, from a certain point of view.
    1. Re:LOLWUT? by mark72005 · · Score: 5, Insightful

      Yes, a number of years ago.

    2. Re:LOLWUT? by Swarley · · Score: 5, Insightful

      They didn't forget. They all chose to pretend that it means something else. And by their definition, Wikileaks is most definitely not journalism. Wikileaks has never mentioned Lady Gaga even once! On a similar note, I highly recommend this from The Onion: http://www.theonion.com/video/time-announces-new-version-of-magazine-aimed-at-ad,17950/

    3. Re:LOLWUT? by Maxo-Texas · · Score: 5, Insightful

      Journalism is doing what your corporate sponsors tell you to say.

      Keep the voters split and controllable by using hot point issues.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    4. Re:LOLWUT? by Monkey-Man2000 · · Score: 5, Insightful

      Probably at least 14; you remember Drudge's influence on "journalism" during the Clinton years? He's just a linkmeister like most of the web now, certainly not more of a journalist than Wikileaks providing resources to NY Times, etc. But still influential and drives the news narrative since most journalists (supposedly) have him as a home page to launch their leads. Or that's what he became famous for from the late 90's anyway. It's hard to say if he's a leader or follower now from my POV... My point however is that journalists haven't driven the news by original, non-wire "news" in a long-time. It's been agenda-driven no matter who the "journalists'" leaders or masters are.

      --
      This post was generated by a Cadre of Uber Monkeys for Monkey-Man2000 (603495).
    5. Re:LOLWUT? by Wyatt+Earp · · Score: 4, Insightful

      How is what Wikileaks journalism? TFW says - Journalism is the investigation and reporting of events, issues, and trends to a broad audience.

      Wikileaks takes documents that are provided to them, often stolen and just throws them up on a website without investigation or reporting.

      They edited the video of the Apache so it'd fit their worldview. They are less journalistic than Drudge or Fark.

    6. Re:LOLWUT? by Anonymous Coward · · Score: 5, Informative

      Drudge became famous (infamous?) after he broke a hard news story that the editors at Newsweek decided to bury out of political favoritism. So while you seem to condemn Drudge for his effect on journalism, he got his break precisely because old media had already abandoned journalism for cronyism.

      Sure, he mixes a ton of tabloid "news" in with hard reporting, plus aggregates news from other sources, but we've seen that for decades too.

      Drudge is only noteworthy because he showed that a small time nobody can defeat the incestuous world of maintstream reporting, where the cocktail circuit is more important than keeping an eye on the powerful and educating readers. He started the trend of watching the watchers to keep them honest by reporting the things they wanted to bury.

    7. Re:LOLWUT? by Maxo-Texas · · Score: 4, Insightful

      They don't control so much as they keep them balkanized.

      The religious people historically worked on social justice issues-- but they are all divided over abortion and gay marriage.

      The conservatives historically held the lid on prices-- but they are all divided over abortion, gay marriage, and drug legalization.

      Every issue comes down to 50/50 decisions making it very easy for corporations to
      a) drop a little dirt to kill a candidate they don't like.
      b) drop a little money to support a candidate they do like.

      Heck, the corporations *prepare* as high as 70% of the "news" articles for some main stream news shows these days.
      They hand the pre-filmed, scripted article they made to the news show and the news show runs it without telling you it is really an advertisement.

      The top 1% of the population is taking 10x the money it was 20 years ago and even poor people losing their houses are voting to "lower taxes" because they have been convinced they are blood brothers with the wealthy. It's crazy.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    8. Re:LOLWUT? by blair1q · · Score: 5, Interesting

      A sports reporter tweeted on Monday (this week or last week, i'm getting this second hand) that a ballplayer's suspension would be 5 games instead of 4.

      Numerous outlets picked it up and ran it as news.

      Thing is, he made it up. Deliberately. To demonstrate how many news outlets do zero confirmatory investigation before running stories.

      So what did his employer do?

      Fired him.

      I.e., it's going to get worse before it gets better.

    9. Re:LOLWUT? by Threni · · Score: 5, Interesting

      A lot longer than that, if you believe/read Chomsky. Challenging the wrong people is a career damaging move.

    10. Re:LOLWUT? by Anarke_Incarnate · · Score: 4, Insightful

      I'll have you know that I know lots of geeks with guns. Being a geek does not mean you are unable to use tools.

    11. Re:LOLWUT? by machine321 · · Score: 5, Funny

      (this week or last week, i'm getting this second hand)

      To demonstrate how many news outlets do zero confirmatory investigation

      I see what you did there.

    12. Re:LOLWUT? by GameboyRMH · · Score: 4, Informative
      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    13. Re:LOLWUT? by Monkey-Man2000 · · Score: 4, Interesting

      I don't condemn Drudge at all! I congratulate him for putting "real" journalist's feet to the fire like Jon Stewart (oh the irony).

      My point is: how exactly is he different than Wikileaks? That's my point! He was famous for headlining the Monica Lewinsky scandal -- exposing abuse at the expense of the American interest. He's as much a journalist as anything Wikileaks exposes! Likewise, my hope is that Wikileaks will become a prime bookmark (maybe not homepage) for journalists in the future but the QUANTITY of novel information they have provided is unprecedented. But the "real" journalists still use these antiquated guys as critical tools for their "journalism" to lead their stories. Not much of an investigative journalism budget for MSM now-a-days.

      Again, non-wire, original journalism is NOT in the MSM. I think we can both agree on that, no matter what your views are (unless your the head of CNN/Fox/MSNBC)...

      Really, I think everyone in the US can agree that the MSM is shit and we need to finance independment (non-corporate) media. I know the tea parties have my back on that. Liberals would probably agree on that as well!. They would just have to STRICTLY restrict corporate financing.

      What would the world be like then?!

      --
      This post was generated by a Cadre of Uber Monkeys for Monkey-Man2000 (603495).
    14. Re:LOLWUT? by Anonymous Coward · · Score: 5, Informative

      All y'all obviously don't know the history of the news business. Vis. Randolph Hearst, or even more, the famous Tom Paine. The hypothesis of objective reporting has never been, and never will be, fact. ...
      Except for what I write. That's all objective truth! :)

    15. Re:LOLWUT? by CarpetShark · · Score: 5, Insightful

      Just shy of 9 years ago by my count.

      It started long before the careless war reporting. It started at least as far back as when they started posting press releases as stories, without any validation. Maybe when they started reiterating smear campaigns without checking the reasons why the smear started.

      And the newspaper industry wonders why it's dying? Because anyone can mindlessly reiterate a press release.

    16. Re:LOLWUT? by drsmithy · · Score: 4, Insightful

      Food stamps, higher minimum wage and unemployment "benefits" only serve to give to the poor that which was taken from people who actually planned ahead.

      How do you "plan ahead" when you've never had the means to do so ?

      Explain to me why the hell I should have to pay for Joe the Bum's food?

      For when *you're* "Joe the Bum* because you were unlucky enough to be rendered bankrupt and homeless.

      So because I bust my ass working, studied my ass off in college and actually had a sane financial plan I should be "punished" for that and Joe the Bum rewarded? I don't see the logic in that...

      The logic is where you don't automatically assume anyone who isn't wealthy and successful is worthless and lazy.

    17. Re:LOLWUT? by drsmithy · · Score: 4, Insightful

      What's sad is that you think the answer to people who live in poor conditions is not to help them raise themselves out of those positions [...]

      Help them how ? Education so they can gain the skills necessary to work ? Food and shelter so they don't need to steal to survive ? Medical care so they don't die young, be bankrupted by an unfortunate medical condition, or relegated to "crazy and homeless" by an easily treatable mental condition ?

      Or just cut taxes (that they don't earn enough to pay anyway) ?

    18. Re:LOLWUT? by hairyfeet · · Score: 5, Insightful

      I can think of nothing better to say to you than this: Matthew 25:42-43 "for I was hungry, and you gave Me nothing to eat; I was thirsty, and you gave Me nothing to drink;I was a stranger, and you didn't invite me into your home. I was naked, and you didn't give me clothing. I was sick and in prison, and you didn't visit me.'"

      We help those that are on the bottom because letting people starve and go without basic food and medicine is fucking evil and vicious, okay? Good save us from Ayn Rand libertarians, and I'm a fucking Atheist, how sad is it I have to quote the bible to show that basic human kindness is something we ALL should strive for. Sadly too many have your "I got mine and fuck u" attitude nowadays. How fucking sad.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    19. Re:LOLWUT? by drsmithy · · Score: 4, Insightful

      The question is primarily, how do you not have the means? Seriously. Its pretty damn easy to find charities, jobs, etc. if you are willing and really, really need it.

      Born addicted to crack. Never known anything except a mother who hates me and any one of hundred men who could (or couldn't) be daddy. Can't write, can barely read, and only string a sentence together thanks to Sesame Street. The nicest clothes I own are a ripped T-shirt and some dirty jeans. I smell because I can only bathe once every few days, I'm missing 1/4 of my teeth because I've never been to a dentist and my mum's been giving me coke since I was 5. I've got an undiagnosed case of dyslexia and I'm borderline schizophrenic.

      How good do you think my chances of getting a job - any job - are ?

      Yeah, living within your means might mean you can't afford to take that vacation to Cancun, [...]

      You appear to be talking about born-and-raised middle-class folks living marginally beyond their means because they aspired a bit too high. The relevant topic of discussion is the poor and destitute. The folks living in alleys, not downgrading from a 5-bedroom home to a 3-bedroom apartment. People for whom a "vacation to Cancun" is a lifetime dream, not something they have to put off for 12 months.

      [...] yeah, living within your means might mean your meals are ramen noodles and PB+J sandwiches.

      Sorry, mum kicked me out on my 16th birthday so she could move to a 1 bedroom flat. Even if I wanted to move back in and watch her turn tricks all night, I couldn't.

      Live within your means and that won't happen.

      My means are barely enough to afford food and board, because arseholes like you think I'm lazy for spending 12 hours a day mopping floors and think I should only be paid $50 to do it. In the middle of New York City.

      Yeah, there are a few people who just were simply unlucky, but that is very, very few and thats why private charities exist that don't steal money out of my paycheck.

      Bullshit.

      The number of people who *want* to live a bare existence - and don't kid yourself that welfare, or charity is anything more than a bare existence - is minscule. No-one is living the dream on welfare, despite what you might believe, and it sure as hell isn't the majority.

  2. Ummmm....wikileaks is foreign by Joce640k · · Score: 4, Interesting

    What does American law have to do with Wikileaks?

    --
    No sig today...
    1. Re:Ummmm....wikileaks is foreign by Zeek40 · · Score: 5, Insightful

      US Politicians incorrectly believe that the US owns the entire internet.

    2. Re:Ummmm....wikileaks is foreign by jc42 · · Score: 5, Informative

      US Politicians incorrectly believe that the US owns the entire internet.

      Actually, there is an acknowledged problem that "American interests" (i.e., US-registered corporations) own and operate a large fraction of the world's international cables, and almost all of the intercontinental cables. So it's easy for the US government to think of at least the "Internet backbone" as US property.

      The Internet might be a better place if this problem were fixed.

      Of course, the corporate world is slowly becoming a truly international culture that is independent of mere governments, so maybe the problem is being fixed. Whether this is an improvement isn't clear.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    3. Re:Ummmm....wikileaks is foreign by ElectricTurtle · · Score: 5, Insightful

      Aside from a few Scandinavian countries, there really isn't anybody else I would trust with the internet. Hell, even Australia is doing censorship and filtering, so really the US if not the best possible nation to control the internet is in the top 10 in terms of keeping it free. If it were to come under UN or other significantly multilateral control, all the backward moralists would use their clout to create some international censorship and filtering scheme. Just look at the UN resolutions about blasphemy and whatnot to appease religious whackjobs. If the UN could apply shit like that to the internet it would. The US is not the perfect keeper of the internet, but it is better than almost any other likely alternative.

      --
      I support the Slashcott and will not be reading or commenting from 2/10/14 to 2/17/14. Beta is steaming pile of dog shit
  3. Why... by mike260 · · Score: 5, Insightful

    ...do journalists need special bonus rights over and above the standard package?
    What is the problem to which this is the solution?

    1. Re:Why... by Anonymous Coward · · Score: 5, Insightful

      Journalists are granted specific rights which others do not receive. For example, they have the right not to reveal the sources of their information. This is critical to their ability to report on sensitive issues where whistleblowers wish to remain anonymous. Other people can be forced to testify, so long as it isn't against themselves or their spouses, and be held in contempt of court if they refuse. There are other such rights, but I won't go through them all right now. The point is that this shield law is one such right.

      Journalists also have additional responsibilities to go along with this. For example, a journalist is expected not to reveal information that is a threat to national security, they are required to protect the identities of minors, and so on. Regular people don't have such restrictions, either.

      The logic here is that these are special privileges granted to journalists, and that bloggers and sites like wikileaks do not qualify for them. If everyone who puts up a post about what they had for lunch is suddenly a journalist, then everyone will have those privileges. But those privileges are not intended for everyone, and if everyone has them, they are going to get in the way. Then they are going to get taken away from everyone, including the real journalists.

    2. Re:Why... by gknoy · · Score: 4, Insightful

      The logic here is that these are special privileges granted to journalists, and that bloggers and sites like wikileaks do not qualify for them. If everyone who puts up a post about what they had for lunch is suddenly a journalist, then everyone will have those privileges

      If, on the other hand, the blogger chooses to blog about local political corruption, or the abuses they witness commited by local police, why should they not be accorded the same priveleges and held to the same responsibilities? What differentitates someone who investigates for The Daily Rag from someone who investigates and publishes on his personal blog? How is a newspaper (or Time Magazine, or the WSJ) fundamentally different from a collective of bloggers who have organized to publish information on abuse, corruption, or wartime errors? (I'm not saying that Wikileaks is any of these.)

  4. Thin end of the wedge by Hognoxious · · Score: 5, Insightful

    If these protections - like being able to film cops at demonstrations - apply only to "accredited journalists" (or whatever you want to call them) then how long will it be before onerous demands are required to gain accreditation?

    I understand in some ways why they want to a closed shop and shut out bloggers and other herberts who they perceive as amateurs. But, so the proverb says, be careful what you ask for - you might just get it.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    1. Re:Thin end of the wedge by corbettw · · Score: 4, Insightful

      I'm not sure how you reconcile "free press" with the notion of having to apply for a permit to be a member of the press? It's a little like having freedom of religion, but you have to go register to be a member of one of a group of "approved" churches.

      --
      God invented whiskey so the Irish would not rule the world.
    2. Re:Thin end of the wedge by Toksyuryel · · Score: 5, Insightful

      There actually is a group of "approved" churches. Ones that are on that list are not subject to taxation, while the rest are.

    3. Re:Thin end of the wedge by CheshireCatCO · · Score: 4, Interesting

      There's a difference between saying that you only get the protection if you're somehow accredited (whether it be by the government or by a separate, professional body) and saying you can or cannot publish stories at all. (As with free speech, you can publish what you want, but you may face consequences for publishing things, like libelous or classified material.)

      In the end, this would be a new protection that the constitution doesn't appear to already grant journalists, so it's hard to see that not extending it to everyone is necessarily unconstitutional.

    4. Re:Thin end of the wedge by Trintech · · Score: 4, Interesting

      While this is certainly true, that list is more a matter of meeting the broad definition of religion and being non-profit rather than having to meet a focused set of criteria. For instance, there are many secular institutions on that list of 'approved churches'. This is only possible because there isn't a focused criteria of things like: must worship a god(s), must hold a worship service, etc that one must meet. If, to be a journalist, one only had to meet the definition of journalism (ie. the act of reporting news) then these two cases would be the same.

  5. Sickening by Haffner · · Score: 5, Insightful

    Regardless of whether or not you support wikileaks, the method for taking one's rights is to first make a single exception that has some significant support, then follow it by expanding the law to include more and more exceptions, until finally some politician can say, "Well, how do we nail an *exception* masquerading as part of the general public?" and BAM, you have a new, inclusive restriction on your rights. The stable state of laws is always one of all or nothing. The moment you slip into in between, the law will move towards whichever end the government prefers. I don't get how the journalism doesn't understand that by making one exception, they lay the groundwork for more exceptions to be made, until eventually there is no source protection.

    --
    "Going to war without the French is like going deer hunting without your accordion." ~General Norman Schwarzkopf
  6. It's all about control by thewiz · · Score: 5, Insightful

    Our "friends" at the newspapers like it when they're allowed to keep information from the public and then publish it for the sensationalism. To have someone else horn in on their territory is not to be accepted. In the last 20 years I've seen the "news" business go from fact driven reports to "newstainment". I'd rather read the information that Wikileaks puts on their website and make my own decisions based on the FACTS. Wikileaks is more of a journalist trying to put out the information they get so that we aren't keep in the dark by politicians, TV news monkeys, and the "We'll do whatever our government tells us to do" newspapers.

    Apologies for the rant; I just get a little P.O.ed when the big guys are trying to squish the little guys who are willing to show us what's really going on.

    --
    If "disco" means "I learn" in Latin, does "discothèque" mean "I learn technology"?
  7. Re:Journalism ain't what it used to be by DerekLyons · · Score: 5, Informative

    Journalism used to be about taking risks to bring critical public interest information to everyone, with a strong ethic and moral code.

    On what planet? Here on earth journalism has always been about what will sell papers or garner eyeballs.
     
    I mean seriously, the drek quoted above gets posted and moderated 'insightful' every time a story about the media posted - but it is not now and never has been true.

  8. In an alternate historical timeline by idontgno · · Score: 5, Insightful

    Woodward and Bernstein are declared "not journalists", "Deep Throat" is unmasked and secretly prosecuted, the Watergate Hotel remains just another uninteresting building in the District of Columbia, and Richard M. Nixon, after successfully driving to repeal the 22nd Amendment to the Constitution, goes on to third and fourth presidential terms.

    --
    Welcome to the Panopticon. Used to be a prison, now it's your home.
  9. "Journalism" today by Chicken_Kickers · · Score: 4, Insightful
    "Journalism" today is:
    • Present newsbites, not news
    • Present opinions, not facts
    • Never bite the hand that feeds you
    • Present infotainment, not information
    • Embedded propaganda operatives, not objective observers
    • There is no truth, only spin
    • The more biased the "news", the more eyeballs you get
    1. Re:"Journalism" today by spidercoz · · Score: 5, Insightful

      and that's why the best news program on tv is a fucking comedy show, they don't hide it

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - Evelyn Beatrice Hall, re Voltaire
    2. Re:"Journalism" today by mwvdlee · · Score: 4, Funny

      I though the entire Fox News channel was comedy too?

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    3. Re:"Journalism" today by tekrat · · Score: 4, Insightful

      You left out a really important one... "Copy anything off a well-known blog."

      This is what annoys me the most... They are claiming that Wikileaks doesn't deserve protection because it's not "journalism", and yet the mainstream press thinks journalism is "copy shit off the web with zero fact-checking". Just think about the woman who was fired because some blog re-cut her speech so she sounded racist. Did *anyone* check that before airing it? No.

      It's so easy to prank the media it's not even funny. All you have to do is put some story onto a well-trafficked-blog and five minutes later CNN is reporting it as news. And then it's in the paper the next day. I'd be willing to be a good amount that at least 10% of the news you read/hear/see each day is false, or at least substantially incorrect because no checking is done, it's just a race to scoop the other guy for ratings/readership.

      No wonder everyone believes Faux News/Glenn Beck. If you see it on TV, it must be true!

      --
      If telephones are outlawed, then only outlaws will have telephones.
    4. Re:"Journalism" today by ScrewMaster · · Score: 4, Insightful

      and that's why the best news program on tv is a fucking comedy show, they don't hide it

      Yes. It's also why, as an American myself, I get news about my own country from foreign sources. Generally Canada and the BBC, for the most part. "Freedom of the Press" has been re-interpreted to mean "we have the freedom to say whatever the FUCK we want and call it 'news' and you can't do a God damned thing about it, you sheep.'" And yes, it does piss me off that I get more reasoned, more accurate, more truthful information about my own country's political processes from news organizations in other nations. Yes, Mr. Murdoch, I'm talking about you, and those like you.

      Might as well just rescind the Freedom of the Press clause in the First Amendment. Not sure it's doing much good nowadays anyway, and so far as I'm concerned if you're just going to get up on that soundstage, in front of those cameras, and lie to me, you don't deserve the protections that Amendment affords you.

      --
      The higher the technology, the sharper that two-edged sword.
  10. Re:Journalism ain't what it used to be by dangitman · · Score: 4, Insightful

    Now it seems that to most of the industry, it's about finding out what trouble Lindsay Lohan will get into next.

    Well, technically that is actually journalism. Just not very useful journalism. I think you're looking at the past through rose-colored glasses. There has always been yellow journalism, gossip rags, propaganda sheets, etc. It's not like all journalism in the past was a noble effort to advance the public interest.

    --
    ... and then they built the supercollider.
  11. It's one of many continual laments by Sycraft-fu · · Score: 5, Insightful

    People do not study their history well, they learn maybe about major events, not about how people actually lived, and so they repeat bullshit over and over. As such a lot of people tend to be Neverwases. They look back to the good old days, where crime was low, people respected their elders, the press was honest and life was grand. You know, a past that never was.

    Yellow journalism has been the norm for a long time. There are publications that are better, and periods where things over all improve because of some inspiring people, but yellow journalism is the norm.

    But people don't study their history so things are always "getting worse." The press is "worse" now than ever (even though there is more independent journalism), crime is "worse" (though is has been trending down for like 4 decades), kids are lazy, people are stupid, music is bad, etc, etc, etc. All shit that more or less every generation has said and it has always been bullshit.

  12. Frankly by Dunbal · · Score: 4, Insightful

    Wikileaks doesn't deserve source protection because 'it's not journalism.'"

          Considering what "journalism" has become, this is actually a compliment.

    --
    Seven puppies were harmed during the making of this post.
  13. Re:"Shield Law" IS special rights for certain peop by lennier · · Score: 5, Insightful

    You can't give everyone an exemption

    It would be almost like you had to give everyone a set of clearly enumerated rights, and that would take some kind of bill.

    --
    You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
  14. If wikileaks isn't journalism, by toby · · Score: 4, Insightful

    Then we can certainly do without whatever *is* called "journalism".

    --
    you had me at #!