Bloggers and the Journalist's Privilege

-Nick Kowalczyk

• Read Linda L. Berger's SHIELDING THE UNMEDIA: USING THE PROCESS OF JOURNALISM TO PROTECT THE JOURNALIST'S PRIVILEGE IN AN INFINITE UNIVERSE OF PUBLICATION (39 Hous. L. Rev. 1371), as an introduction to the topic


• Read Laurence B. Alexander's Looking Out for the Watchdogs: A Legislative Proposal Limiting the Newsgathering Privilege to Journalists in the Greatest Need of Protection for Sources and Information (20 Yale L. & Pol'y Rev. 97), which Berger was refuting.


• Read the court's opinion in Apple v. Does
  


• Read part IV of O'Grady v. Superior Court, 139 Cal. App. 4th 1423 (2006)


• Read part II of the Bear Flag League's amicus curiae brief in O'Grady v. Superior Court


• Take a quick glance at the blogs discussed in Apple v. Does and see if there is a difference you can identify between them.  Should some be protected while others are not?
• http://www.powerpage.org/
• http://www.thinksecret.com/
• http://www.appleinsider.com/


• What is the difference between the O'Grady opinion and the Apple opinion? Is there a reason why the Court avoided characterizing bloggers as journalists in Apple v. Does but took it on in O'Grady v. Superior Court?


• In more recent news, read the San Francisco Chronicle's article from September 23 about Josh Wolf
  


• Part of his video can be seen here (you are not required to watch it, but it is interesting to see).