2/01/2016

How do you determine a Banana Republic? In other words Germany.

Simple, by reading court decisions. Here is a decision about a request by a German blogger to get some information released about the scientific credentials of a blonde woman engaged in gender studies, or so she claimed, and now, tighten your pants, a judge at the German Constitutional Court.

The blogger's request was brushed off by a Berlin court. Let's listen in to some morsels. (Pdf in German)

"design of blogs did not meet the requirements of a journalistic and editorial design"

Wow, that's got to hurt.

"Internet blogs lack a personification required for the inclusion in the scope of the freedom of the press"

Structure yourself, you blogger prick!

"According to the state press law the right to information applies to members of the press who identify themselves as such."

You are just a shudra.
. . . . . . .


Any John Doe can easily launch a blog and within a few magical minutes call yourself a “journalist”. Sometimes, they might even be telling the truth.
When it comes to protections for the press and speech protections for the rest of us, the distinction between "journalist" and "just some kid with a blog" is really nonexistent.
When the courts have recently struggled to determine who is a journalist and who is not, the answer has largely been "doesn't matter." For example, the Ninth Circuit Court of Appeals looked at that question last year when Crystal Cox, the well-documented extortionist, claimed the title of "journalist." (See interview with Marc Randazza on NPR here) Ultimately, the Ninth held, like every other court to look at the question, that it really doesn't matter — that journalists and batshit crazy lunatics get the same First Amendment rights. Similarly, but not identically, an appellate court in Florida looked at one of its journalism protection laws, Fla. Stat. § 770.01 and whether a blogger could claim its protections as well. The court in Comins v. VanVoorhis determined, essentially, that journalism is a thing you do, no matter who you are. (More here)
'nuff said.

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