“I can’t stand up and support legislation that would provide the proper protection that a shield bill would for 80 percent of my membership and sell my other 20 percent down the road,” says Smith, a professor of journalism at Fairmont State University in West Virginia.
And many are mindful that, as technological and financial issues upend the way journalism has been done, a functional definition stands the best chance of meeting the test of time.
“It is a changing world. There are people who may or may not be getting paid, who clearly fit the bill and are very likely to be getting subpoenas at some point in the future,” says Kevin Goldberg, counsel at the American Society of News Editors.
While the House’s status-dependent definition may have given some pause, the bill as originally introduced in the Senate was purely function based. It outlined a list of actions that journalists regularly do to report the news—conduct interviews, observe events, analyze documents, regularly transmit their findings, and so on. There was no employment or income test.
“In other words, it’s not ‘Who you are working for as a journalist?’ but ‘Are you doing what a journalist really does?’” says Goldberg.
That is, that’s how it was until September 18, when New York senator Charles Schumer, one of the bill’s prime sponsors, introduced a new version of the bill which reserved protections not only for paid journalists, but only for journalists working for news outlets owning newspapers, magazines, news wires, broadcast stations and other traditional methods of news delivery. Even journalists being paid by online-only outlets looked like they’d be left out in the cold, unless the courts found that such sites met the definition of a “news agency.”
Schumer’s move sparked an online firestorm of sorts. New York University professor Jay Rosen tweeted a suggestion that Schumer’s move could have been a sop to “Big Media lobbying.” Marcy Wheeler of emptywheel diagnosed it as a “transparent bid to grant a powerful industry special privileges” at the expense of bloggers, and wondered if the move was done on the behalf of the “dying media outlets” in Schumer’s home town.
There’s little love lost in some of these quarters for old-line media—and vice versa.
“I think there are going to be people who complain about it no matter what, because, you know what, they live for complaining about traditional media,” says the Newspaper Association of America’s Paul Boyle when asked about blogger suspicions that they’d been thrown under the bus. “These guys are misinformed.”
Others in the coalition echo the point: Traditional media organizations’ representatives never asked that unpaid journalists be written out of the bill—and, in fact, they’ve been consistently advocating definitions that would protect amateur bloggers who practice journalism, even in the face of legislative hostility.
Smith, the SPJ president, recalls a particular three-hour meeting with staffers for a key Republican senator. “They wanted something that would eliminate bloggers, eliminate Internet journalists,” he says. “And we weren’t supportive of that.”
According to Laurie Babinski, lawmakers have objected to function-based definitions for reasons besides concerns over the potential abuse of an overly broad privilege.
“What we’ve been hearing from senators and representatives on the hill is that a lot of them are getting skewered by bloggers in their hometowns. ‘I don’t want this guy who’s basically putting me over the flame to be covered.’ A lot of it comes from personal interaction, rather than a hatred of all bloggers, or a genuine belief … that all bloggers aren’t journalists,” says Babinski.
“I know bloggers who are more journalists than print journalists,” adds Babinski. But some legislators have been tough to convince: “We always go back and remind them that the person who’s skewering you and sitting in his basement in his pajamas isn’t necessarily going to be covered. Is he engaged in the act of gathering information and disseminating it to the public? Does he have sources? Is he a journalist? The functional definition is going to weed those people out. But it’s hard to tell them that and then have them realize they have to trust the judiciary with that decision.”

Mr. Hendler pontificated: "not everyone is a journalist, and those that aren’t shouldn’t get protection... ...But defining who’s in and who’s out is a tricky matter."
padikiller responds: No it isn't.... Just wave a little kryptonite around... The last man standing is the "real" honest-to-goodness "journalist'...
But serously... It doesn't take any special education or skill to report the news. It takes typing. The reason politicians (and pimply faced "watchdogs") struggle with the definition of the word "journalist" is that there is in fact no such profession. "Journalism" is a concoction of academia. Defining a "real journalist" is tantamount to defining a "devout Christian", an "entertaining actor" or an "experienced phrenologist".
If journalism were truly a "profession", discerning a "journalist" from a layman would be a matter or record Like finding a licensed plumber or barber. But journalism isn't a profession.
Trying to define and distinguish a "jounrnalist" from the general population is like trying to define and distinguish a "good bookeeper" or a "good writer" from the general population. Anybody (with a basic education) can do it. Laying bricks requires more skill and certification than reporting does, and hauling garbage certainly requires more effort. Anybody who can type at a 10th grade reading level can be a reporter. Anyone who can do it at the 12th grade level can grab a Pulitzer, if he or she works hard enough.
#1 Posted by padikiller, CJR on Sat 14 Nov 2009 at 11:56 AM
A journalist has to assemble information and present it in a meaningful way to a greater audience. They have to tell a story.
Not everybody who can type can tell a meaningful story, especially one that has to be accurate. That is why there are so many many failures in journalism today, they don't know how to gather information, assemble it into a story, nor make it meaningful while retaining accuracy.
They know how to write down talking points and talk about them. Fields of study (such as economics, science, and history) are a fog, inaccessible to the journalist who then cannot make them accessible to the audience.
Many journalists are fish all swimming in the direction of other fish, unaware of the world outside their pond.
But that is not what journalism is supposed to be. Journalists are supposed to have some expertise in an area and two essential gifts, the gifts of comprehension and explanation.
The fact that the internet has opened up mass communication to the masses means that people who are not from the talking point culture of the pond can inform and when we think about what the purpose of the free press was, as envisioned by the architects of Democracy, it wasn't so that a business who sells advertising could enjoy special protections, it was to preserve a free and flowing access to information to the populace who requires it.
If it is the blogger who provides that information, then it shouldn't matter whether or not he/she gets paid for it by a conglomerate, it matters whether he/she is providing information to an audience.
And given the expertise of some of the online audience, the blogger sometimes provides more information better than those extra special fish who spend their lives circling the pond.
#2 Posted by Thimbles, CJR on Sun 15 Nov 2009 at 12:42 PM
Thimbles wrote: "Journalists are supposed to have some expertise in an area and two essential gifts, the gifts of comprehension and explanation."
padikiller responds: Says who?
There is no such thing in the real world as a "journalist". There are reporters in the real world. There are columnists. There are editors. There are photographers. There are publishers.
I don't know one single person who gets paid for being a "journalist".
Show me a masthead where a paid "journalist" exists in print, and then maybe I'll revisit my stance...
Reporting the news does not take "comprehension". Nobody knew why the Hindenburg caught fire. Reporting the news does not require "explanation". The readers don't need reporters "explaining" anything to them. Reporting the news requires OBSERVATION, VERIFICATION and ACCURACY.
#3 Posted by padiklller, CJR on Sun 15 Nov 2009 at 11:48 PM
I'll give you one:
http://www.huffingtonpost.com/the-news/reporting/murray-waas
#4 Posted by Thimbles, CJR on Mon 16 Nov 2009 at 01:10 AM
or two
http://www.vanityfair.com/politics/features/2009/10/bailout200910
#5 Posted by Thimbles, CJR on Mon 16 Nov 2009 at 01:12 AM
or a whole bunch:
http://www.mcclatchydc.com/
And if one has no expertise, how does one measure accuracy? There's a reason we don't ask fashion models their opinions on the financial bailouts, and it's because they'll end up sounding like Maria Bartiromo.
http://trueslant.com/matttaibbi/2009/09/02/maria-bartiromo-presses-44-year-old-congressman-if-medicare-is-so-good-why-arent-you-on-it/
O' media, what silly people you have on tv.
#6 Posted by Thimbles, CJR on Mon 16 Nov 2009 at 01:16 AM
Of course reporters have beats....
This is a natural economy of labor. However, it is not a necessary specializaton. One could stick a financial reporter in a fashion show and end up with a decent story- it would just take him or her longer to nail it down. And vice versa.
Your links are telling. The very first sentence of the first one you provided identifies Murry Waas as a "writer" and a "reporter". He gets paid for being a "reporter", not for being a "journalist". "Journalism" is a fiction- a mere "ism" concocted by reporters to inflate their egos. It's not a profession, it's a belief system, and an extremely dangerous one now that it presupposes that readers need to have information "filtered", "contextualized" and "explained" to them by "journalists" with agendas.
Indeed the reason that nobody- not you, not Mr. Hendler- nobody can define what a "journalist" is supposed to be is because there is simply no such animal outside of the ivory towers of academia. Anybody can type. Defining a "journalist" would be like defining a "ghost catcher" or a "snipe hunter".
#7 Posted by padkiller, CJR on Mon 16 Nov 2009 at 09:17 AM
Cool story, bro.
#8 Posted by Thimbles, CJR on Mon 16 Nov 2009 at 12:44 PM