A wonderfully put together editorial graces the pages of BusinessWeek on March 28, 2005. The title of the story is The Apple Case Isn’t just A Blow To Bloggers (paid article) and it details the Apple Vs. PowerPage.com case where bloggers were ruled to no be journalists — their confidential sources were proclaimed not to be confidential when a court ordered an ISP to turn over e-mail records.
The story discusses the needs for courts to balance the rights of bloggers with the needs of the judicial system to have access to information. The potential of 50 million bloggers claiming journalistic privilege is a scary notion for obvious reasons.
I believe courts will have to eventually recognize bloggers as journalists. We break news, provide perspective and perform all the functions of traditional journalists. Our legal system is not equipped to handle this reality today but it will evolve in time to do so.