There are so-called journalist “shield laws” in about 40 different states, but some have been updated to include newer forms of media such as blogs, and others haven’t.
In a decision by the Court of Appeals for the 1st Circuit earlier this year, a judge ruled that a man who recorded a video of police beating a man in Boston was entitled to the same protection as the mainstream press. Judge Kermit Lipez said this protection arguably extended to any “citizen journalist” and not just to members of the traditional media, saying the availability of devices like smartphones “means that … news stories are now just as likely to be broken by a blogger at her computer as a reporter at a major newspaper” and that such changes “make clear why the news-gathering protections of the First Amendment cannot turn on professional credentials or status.”
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