Court Protects Online Journalists

A California appeals court has overturned a lower-court ruling, saying that online journalists have as much protection under the First Amendment as traditional journalists. The case involved an action by Apple Computer to discover the identity of individuals responsible for revealing company secrets online. Apple had argued that the information was shared not by legitimate reporters but by people who were violating the company’s trade secrets. The appeals court said that online journalists are covered by a state law that guarantees the confidentiality of journalists’ sources. The three judges on the panel said there is no reasonable method to distinguish legitimate from illegitimate news and that First Amendment rights trump Apple’s demand to know who leaked the information. Observers said the case could have far-reaching implications for bloggers and others who post information and opinions online outside the context of traditional journalism.

New York Times, 27 May 2006