First Amendment Applies to Internet, Appeals Court Rules - New York Times
US First Amendment Applies to Internet, Appeals Court Rules
A very interesting ruling out of the US court system. In the eyes of the US legal system:
The appeals court said online and offline journalists are equally protected under the First Amendment. "We can think of no workable test or principle that would distinguish 'legitimate' from 'illegitimate' news," the opinion states. "Any attempt by courts to draw such a distinction would imperil a fundamental purpose of the First Amendment."The case that spanwed this judgement was brought forward by Apple Computer. Apple was upset with a blog that was publishing leaked information from Apple and wanted to root out the source of the leak.
The loss for Apple is a big win for the blogging community. But it also creates a precident that every company and organization must note. I think with blogger jouralists being placed legally on par with traditional media it formalizes the developing growth of blogging and journalism. The two have been migrating closer and closer, and this judgement places them fully on the same playing field.
What does that mean for Canada? Well, since Canada is lagging behind the blogging growth the US has seen, not a lot yet. However, it should not surprise anyone that as the US community continues to mature and the Canadian blogging community grows into its own, companies will have to pay closer attention to the impact blogs have on the news, and more importantly on the views and opinions of their customers and stakeholders.
As always, the first step Canadians organizations need to take is to become aware of what is being said about them. It's not enough to just track the Globe and Mail anymore. Many companies will find they don't have a robust blog or web discussion happening about them. But as with managing any corporate issue, it's best to stay alert - lest you be broadsided by a medium of which you aren't fully aware.
