The New York Sun contains an interesting article on the role of blogs in arguments about whether courts should recognize a reporter’s privilege. Among other things, it presents an interesting example of how the practical implications of legal rules shape whether judges will adopt them. The lawyers for the media groups want to define a narrow group of “real journalists” who should receive the benefits of the privilege. They want to distinguish journalists from mere bloggers, thinking that, in the words of Floyd Abrams, “If everybody’s entitled to the privilege, nobody will get it.” (Link: Howard, of course.)
UPDATE: You can find more on Abrams’ position here.
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