First Amendment – Does Free Speech Still Exist

Photo of author

(Newswire.net — June 14, 2013) Portland, OR — Many of our elected leaders that have been in Congress for a number of years appear to be forgetting something.

They were elected by “We the People” and then they swore an oath to observe and protect the constitution that put them in their positions. But more and more of them appear to be forgetting the many of the tenants of the constitution.

Perhaps the fault belongs with “the People” because they have neglected to hold our elected leaders accountable for the deeds of Congress (or higher).

Recently, Senate Republican Lindsey Graham issued a surprising statement suggesting that Americans who blog aren’t really reporting in the traditional sense, and as such may not be entitled to First Amendment protections.

It came about in his response to a question from a reporter about the “media shield legislation” currently being considered due to the Department of Justice (DOJ) improperly obtaining telephone records of both the Associated Press and Fox News.

Graham stated; “‘Who is a journalist’ is a question we need to ask ourselves. Is any blogger out there saying anything – do they deserve First Amendment protection? These are the issues of our times.”

Issues of our times?

When did the First Amendment become subject to congressional approval?

Why would the media need a “media shield law” anyway, since the First Amendment already guarantees freedom of the press?

The National Journal chimed in saying “Graham’s riffing on constitutional law exposes one of the age-old tensions between journalism as a product and journalism as an activity. What Graham really meant to ask was whether bloggers deserve the specific protections of the First Amendment that are granted to the press.”

The main stream establishment press should be fired up and upset about this sordid, blatant constitutional violation since they were the ones targeted in the first place. However, they may still be trying to figure out what Graham and Democrat Charles Schumer are going to use to define a journalist.

From the Free Times: Graham didn’t give specifics on the law, but said it would make it more difficult for the government to get a reporter’s notes and strike the right balance between freedom of the press and protecting national security interests.

Asked how he’d determine whether someone is a journalist, Graham said it would likely take some revision of DOJ guidelines to make sure they’re up to date with current technology and the new media landscape. The DOJ hasn’t updated its guidelines about how it investigates reporters since the 1970s or ’80s, Graham said.”

The DOJ? Aren’t they the ones who are just got us into this mess?

In an interview with the Free Times Clint Helder elaborated: “You can sit in your mother’s basement and chat away, I don’t care. But when you start talking about classified programs, that’s when it gets to be important,” he said. “So, if classified information is leaked out on a personal website or [by] some blogger, do they have the same First Amendments rights as somebody who gets paid [in] traditional journalism?”

A better question may be to ask if the First Amendment makes such a distinction.

Sources:
http://www.nationaljournal.com
http://www.free-times.com/news/are-bloggers-journalists
http://www.huffingtonpost.com

Author: Google+ Jan Johansen