FC: Thomas Hillgardner on impact of Justicefiles.org decision

From: Declan McCullagh (declanat_private)
Date: Mon Jun 02 2003 - 22:10:48 PDT

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    To: declanat_private
    Date: Wed, 28 May 2003 10:12:50 -0400
    Subject: Re: FC: Where to find Justicefiles.org court decision
    From: Thomas J Hillgardner <tjhillgardnerat_private>
    
    
    The Justicefiles.org case has a holding that is pretty fantastic for all
    independent media types.  The Court writes: "Plaintiff's website, a
    vehicle of mass communication, is analytically indistinguishable [for
    First Amendment purposes] from a newspaper."  It follows that all
    independent news gatherers using the internet for dissemination of news
    or information enjoy the same First Amendment protections as more formal
    members of the Fourth Estate.  While some may have always assumed this to
    be the case, members of the general public have not historically enjoyed
    the same breadth of First Amendment protection in news gathering
    activities as newspaper and broadcast television reporters.  Previously,
    in a case involving public access television in Massachusetts, a federal
    district court held that a public access television producer was a news
    gatherer entitled to the same heightened First Amendment protections as
    reporters working for traditional print and broadcast news outlets.  Now
    a federal district court in the State of Washington makes a similar
    holding with respect to the proprietor of an internet website.  Thus,
    obtaining the heightened First Amendment protections enjoyed by the
    traditional media is now becoming something that may be obtained by the
    common man on a shoestring budget.  One need no longer be affiliated with
    a media organization to obtain these protections.  Of course neither the
    Washington nor the Massachussetts case are of any precedential value as
    they are trial court decisions.  But it is promising to see even this.
    
    Thomas J. Hillgardner, Esq.
    82-63 170th Street
    Jamaica, New York 11432
    (718) 657-0606
    tjhillgardnerat_private
    
    
    
    
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