There’ve been a lot of good 4/1 posts today, but I especially like EFF’s press release on the Ninth Circuit’s new “one-point journalist test” in the Apple “do bloggers count as journalists when it comes to shield laws” case:
“Historically, the relevant question is whether the author had the intent to use the material – sought, gathered or received – to disseminate information to the public and whether such intent existed at the inception of the newsgathering process,” wrote Judge Stephen S. Trott in the opinion. “But in an era when anyone with a computer and Internet connection can publish to the world, the key distinguishing factor is whether the author was wearing pants.”
The Court looked to the example of blogger/journalist Jeff Gannon, explaining, “When Mr. Gannon was lobbing softball questions to the President on behalf of Talon News, he was acting just like any other member of the White House press corps — and, critically, he was wearing pants. In Mr. Gannon’s other Internet publishing endeavors, however, he did not wear pants, and his activities therefore fall outside the boundaries of journalism.”