Electronic Frontier Foundation Delivers Smackdown to Apple in Blogger’s Rights Case
May 27th, 2006 | By James Lewin | Category: GeneralA California state appeals court ruled in favor of the Electronic Frontier Foundation’s (EFF’s) petition on behalf of three online journalists Friday, deciding that the online journalists have the same right to protect the confidentiality of their sources as offline reporters do.
“Today’s decision is a victory for the rights of journalists, whether online or offline, and for the public at large,” said EFF Staff Attorney Kurt Opsahl, who argued the case before the appeals court last month. “The court has upheld the strong protections for the free flow of information to the press, and from the press to the public.”
In their decision, the judges wrote: “We can think of no workable test or principle that would distinguish ‘legitimate’ from ‘illegitimate’ news. Any attempt by courts to draw such a distinction would imperil a fundamental purpose of the First Amendment, which is to identify the best, most important, and most valuable ideas not by any sociological or economic formula, rule of law, or process of government, but through the rough and tumble competition of the memetic marketplace.”
“In addition to being a free speech victory for every citizen reporter who uses the Internet to distribute news, today’s decision is a profound electronic privacy victory for everyone who uses email,” said EFF Staff Attorney Kevin Bankston. “The court correctly found that under federal law, civil litigants can’t subpoena your stored email from your service provider.”
EFF is a non-profit dedicated to protecting the public’s digital rights.
via EFF