Dianne Feinstein – First Amendment Is A Special Privilege, Not A Right
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[Dianne Feinstein – First Amendment Is A Special Privilege, Not A Right]
[Dianne Goldman Berman Feinstein, (Dianne Emiel Goldman) June 22, 1933] Source: LYBIO.net
Mr. Chairman, first of all I’d like to thank Senator Durbin and his staff. Yeah, you’ve been a good and loyal partner in this for four years now. And I’d like to thank Senator Schumer for being willing and his people who are terrific to sit down and see if we couldn’t work this out.
Let me explain why I think this amendment is needed. I’ve had long standing concerns that the language in the bill is introduced would grant a special privilege to people who really aren’t reporters at all, who have no professional qualifications whatsoever.
The fundamental issue behind this amendment is, should this privilege apply to anyone to a 17-year-old who drops out of high school, buys a website for $5 and starts a blog or should it apply to journalists, to reporters who have bona fide credentials.
This bill is described as a reporter shield bill. So I believe it should be applied to real reporters. The attorney client privilege applies to attorneys, not any non-legal advisor. The spousal privilege applies to spouses not to boyfriends and girlfriends.
As I described the last time this committee passed this legislation this could have been interpreted to cover hate websites, like that of the neo-Nazi organization, the National Socialist Movement, or even senate press secretaries. So I am very grateful that the media coalition and Senator Schumer work cooperatively with Senator Durbin and me to make sure that the bill doesn’t do that.
[Dianne Feinstein] Source: LYBIO.net
So this amendment effectively sets up a test for establishing bona fide credentials that make one a legitimate journalist. The first part of our amendment Page 5 starting on line 15, defines a cover journalist as someone who is an employee agent or independent contractor for media entity.
It’s important to note that as part of the compromise, we took out the word salary before employee as this apparently cause someone necessary worry to some people. We included a very broad list of media entities the journalist can be affiliated with, including newspapers, news websites and “any other new service” distributed digitally among others things.
Then we have a functional test, which is essentially the same as what is in the bill now, recognizing the migration of reporters away from newspapers and magazines as those industry struggle. We also included on Page 7 starting on line 17, a provision for a journalist to establish their journalistic bona fides even if they’re not currently affiliated with immediate entity through look back provisions. As part of the compromise, we lengthened how far back in time the journalists past experience could be.
Dianne Feinstein – First Amendment Is A Special Privilege, Not A Right. Should this privilege apply to anyone to a 17-year-old who drops out of high school, buys a website for $5 and starts a blog or should it apply to journalists, to reporters who have bona fide credentials. Complete Full Transcript, Dialogue, Remarks, Saying, Quotes, Words And Text.