Federal court rules bloggers have first amendment right and protections
Today a Federal Appeals Court ruled that bloggers do indeed have protection under the First Amendment of the Constitution:
A federal appeals court ruled Friday that bloggers and the public have the same First Amendment protections as journalists when sued for defamation: If the issue is of public concern, plaintiffs have to prove negligence to win damages.
Here is what Gregg Leslie of the Reporters Committee for the Freedom of the Press had to say about this decision:
“It’s not a special right to the news media,” he said. “So it’s a good thing for bloggers and citizen journalists and others.
He is spot on and of course he is right about the First Amendment. Naturally bloggers should be protected under the First Amendment for the first amendment applies to everyone, the Federal government should not be able to pick and chose who has rights and who does not.
In my opinion this should not have been an issue which needed to be decided in the courts but unfortunately the Senate Judiciary Committee, and people like Dianne Feinstein, see it differently for they passed a bill which redefined journalists in a way which would exclude bloggers from First Amendment protections.
Here is what Dianne Feinstein had to say last September when the Media Shield Act was being debated:
defined for the first time what constitutes a “real reporter” deserving of extra protection versus what Sen. Dianne Feinstein called a “17-year-old blogger” who doesn’t deserve a legal shield.
But the most troubling aspect of this law was cemented in a quote from Sheldon Whitehouse who said the following:
All we’re doing is adding privilege to existing First Amendment rights, so there is, logically, zero First Amendment threat out of this,” said Sen. Sheldon Whitehouse, (D) of Rhode Island
What he basically is saying is that changing the First Amendment by giving people rights they are not giving to others is not an issue. This reeks of Animal Farm’s mantra that “all animals are equal, but some animals are more equal than others.” And we are supposed to believe him when he says there is no Constitutional threat with this legislation? And what gives the legislature the right to change an amendment in the first place?
As I stated when I first covered this story; I am not a journalist and I do not pretend to be. I have no sources and I am simply a man writing my opinions on the issues of the day.
I feel as if I must now change my opinion to state that if writing my opinions on a small blog solidifies my journalistic credentials than I am guilty as charged and naturally I have the First Amendment right to state my opinion publicly.
This issue has nothing to do with protecting journalists for it is really all about control. Democrats, such as Dianne Feinstein are only interested in one thing and one thing only and that is control. The Democrats understand that controlling the message equals controlling the masses and that is what this is all about. The Democrats have the mainstream media in their back pockets and they know they can rely on the mainstream media to promote their radical agenda. In the past this meant they controlled the message, but they no longer control the message because they do not have control over the new alternative media and that is something they loath and long to change.
This ruling is a step in the right direction but the fight is not over for it is sure to be appealed all the way to the Supreme Court, and then all bets are off.

Reblogged this on U.S. Constitutional Free Press.
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Thank you.
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Reblogged this on SherayxWeblog.
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Thank you.
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Ur very welcome, thank u.
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WoooHoooo! Now every one go out and use your these rights! But remember, The NSA is the only government agency that actually listens. Sorry for sneaking that in on this topic, but that speech today really boiled my potatoes.
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LOL! That was pretty funny.
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Oh well, so much for the first amendment; back to the drawing board. Meanwhile they got a whole bunch of other amendments they can still go after .
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Don’t worry, they will come up with another plan.
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Steve, your a journalist just as much as the so called msm/mop journalist. But unlike them you have a brain and can think. There is so much crap that is foisted on us by these quote real journalist. They can’t even get simple stories correct. I had the experience of dealing with local newspaper reporters. They simply sat in their office and called people for quotes and from this they spun a story together, What utter hash. If this is done at the local level one can only imagine what is done at the national level. I read and listen to news reports where there has been no research done.
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I don’t doubt for a minute that there is coordination between the media and the politicians to control the information. There really are very few true journalists left in today’s America when you come right down to it. They are mostly pretty faces reading the script that is put in front of them.
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Reblogged this on Brittius.com and commented:
As for Dianne Feinstein, bloggers are doing more for the prudent stewardship of the nation than elected politicians.
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Thank you.
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You’re welcome.
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That this even has to come up demonstrates how far off the reservation we have come.
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great point
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Exactly! When you think about how this even needed to head to the courts and then you remember we only won the Heller decision by one vote and it shows you how close we could be to losing everything.
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You know, everything has to be “politically correct”, everything. Has everyone developed such thin skin that we have to be on our tip toes all the time? Sometimes the truth is not sugar coated and I am so sick of having to watch every word that comes out of my mouth so as not to offend someone. Short of sounding vulgar, but the old saying of “F*ck em if they can’t take a joke” should apply today. They need to get over being so easily offended and develop a backbone. We are losing the ability to cope on our own without Big Brother stepping in. Is this what we really want? I know I do not. I can stand up for myself, very easily. What is wrong with everyone else? How many rules need to be changed or names changed so as not to upset someone? When does it finally stop? Ever?
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That old saying is quite relevant, isn’t it? The government wants us to limit what we say by intimidating us into not saying anything at all. I, for one, will not be intimidated and I know you won’t be either.
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I once say a bumper sticker that said political correctness is intellectual fascism and I have to agree with that.
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Maybe we need to start using more bumper stickers, would get our thoughts out to more people than just on here. Of course, with what I would put, I would probably come out of a store and find Miss Miata’s top slashed or her tires punctured. I might have to rethink this.
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More bumper stickers is a good thing for getting the message out, but that is like getting excited because ‘we’ won a court case saying bloggers have constitutional rights; we had those rights all along! The only way to effect real change is to change the hearts, minds, and culture of this dying nation. Part of the result of a monstrously dumbed down next to useless public education system is that ‘graduates’ typically can only focus on a single, bite-sized fact for any length of time, enter twitter et.al.. These wonderful little darlings that keep voting for Santa Clause for the Poor are much easier to subjugate than those of us who question, think, discuss, listen, learn, and so on. They are sheep who are easily convinced about the truth of a thing because they hear it over and over, see it on TV and online, and all the media is repeating it. I surely wish George Orwell was alive and righting today.
Here is a great idea for a bumper sticker that drives home the message and likely with out getting your Miata violated by the crowd of tolerance…. “Don’t redistribute my Money, redistribute my Work Ethic”
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More bumper stickers will help and I like CT’s idea for a bumper sticker.
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CT, maybe this would be fitting:
“I’m sick and tired of people giving my hard earned money to people who aren’t even related to me!
-Archie Bunker
Surely that would not offend anymore, because after all, it is TRUE!
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Brings a Tear of Joy to my eye….. But just to get another shout from my favorite soapbox, the end of all things political, suits and parties and meetings will not save the republic. The only way to truly return to our founding is if the people of this great nation, the fabric of the culture itself is changed. Our war is for the hearts and minds of every one who merrily follows the herd to the packing plant. To win, we must make friends with those who have been conditioned to believe that living as a parasite is an acceptable way of life. We must then teach them by friendship, not commercials or propaganda campaigns, the real joy and contentment of living a self reliant life style, a life filled with all things honorable, honest, good, and creative. Just some thoughts that are always foremost on my mind.
And one of the problems with this ‘tolerance’ crowd is that they are often deeply offended by truth…. 🙂
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