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Federal judge decides who is an ‘authorized journalist’—and who is not(gunwalker)
Gun Rights Examiner ^ | 8 December, 2011 | David Codrea

Posted on 12/10/2011 3:42:19 AM PST by marktwain

“Montana blogger is not journalist,” Jeff Barnard of the Associated Press reported Wednesday.

U.S. District Judge Marco A. Hernández ruled that “investigative blogger” Crystal L. Cox “was not a journalist and cannot claim the protections afforded to mainstream reporters and news outlets.”

Per Alex Dobuzinskis of Reuters:

Hernandez found Cox failed to present evidence that she had any media credentials or affiliation with a “recognized news entity,” or that she had checked her facts or tried to contact the other side to “get both sides of the story.”

“Montana blogger is not journalist,” Jeff Barnard of the Associated Press reported Wednesday.

U.S. District Judge Marco A. Hernández ruled that “investigative blogger” Crystal L. Cox “was not a journalist and cannot claim the protections afforded to mainstream reporters and news outlets.”

Per Alex Dobuzinskis of Reuters:

Hernandez found Cox failed to present evidence that she had any media credentials or affiliation with a “recognized news entity,” or that she had checked her facts or tried to contact the other side to “get both sides of the story.”

“Most newspapers and media companies do not subject reader comments posted online to the same journalistic standards they apply to their own reporters,” he writes.

In terms of “journalistic standards,” one need only look at the “Authorized Journalist” archives compiled at Gun Rights Examiner and at The War on Guns blog to note how often the “professionals fall short of any credible standards of knowledge and balance on the issues of guns and gun rights. Ignorance, bias, parroting of agendas, deliberately not covering stories, gun control advocacy, and in general acting like government lapdogs, cheerleaders and abettors, as opposed to watchdogs, have been demonstrated time and again—for years.

(Excerpt) Read more at examiner.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Philosophy
KEYWORDS: atf; authorizedjournalist; banglist; codrea; dea; dhs; doj; fastandfurious; fbi; gunrunner; gunwalker; holder; journalist; obama
Having the government give the MSM special priviledges is something the MSM has pushed for decades. They were all for the first amendment as long as they had a lock on the media. Now that they have some competition, not so much.
1 posted on 12/10/2011 3:42:30 AM PST by marktwain
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To: marktwain

Excuse me, may I see your First Amendment license?


2 posted on 12/10/2011 3:45:35 AM PST by jimfree (In Nov 2012 Herman Cain will have more relevant and quality executive experience than Barack Obama)
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To: marktwain

Why don’t they apply this ruling to the ignorant, mal-informed voters? /s


3 posted on 12/10/2011 3:51:33 AM PST by Bushbacker1 (I miss President Bush greatly! Palin in 2012! 2012 - The End Of An Error! (Oathkeeper))
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To: marktwain
tried to contact the other side to “get both sides of the story.”

The other side was mexican drug cartels who behead anyone asking questions.

Anyone getting a "chicago politics" vibe from all this blackrobe squashing of any investigation of this?

4 posted on 12/10/2011 3:58:02 AM PST by Proud_USA_Republican ("The problem with socialism is that you eventually run out of other people's money.")
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To: Joe Brower; Travis McGee; LucyT; vette6387; MetaThought; 60Gunner; XHogPilot; FreedomPoster; ...

Codrea ping.

Trying to shut the ‘bloggers’ down?


5 posted on 12/10/2011 4:09:40 AM PST by MestaMachine (obama kills)
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To: marktwain

Judge Marco A. Hernandez
Assumed office
February 9, 2011
Appointed by Barack Obama

Shocking.


6 posted on 12/10/2011 4:12:12 AM PST by Echo4C (We have it in our power to begin the world over again. --Thomas Paine)
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To: marktwain
Headline: Peevish state-compliant undistinguished media (SCUM) squawk that only they can ignore facts, suppress "the rest of the story," and spike stories altogether.
"We're professionals and you're not," says SCUM employee.

(I actually got that response from a TV network "news" representative in the 1960s.)

7 posted on 12/10/2011 4:33:27 AM PST by WilliamofCarmichael (If modern America's Man on Horseback is out there, Get on the damn horse already!)
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To: marktwain
"checked her facts or tried to contact the other side to “get both sides of the story.”

Just shut down the entire alphabet soup MSM plus the New York Slimes, Austin UnAmerican Stasi, etc.....

8 posted on 12/10/2011 4:40:04 AM PST by Feckless (I was trained by the US << This Tagline Censored by FR >> ain't that irOnic?)
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To: marktwain

The proper term is Authorized Journolist


9 posted on 12/10/2011 4:43:13 AM PST by 6SJ7 (Meh.)
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To: marktwain

The question is what will the people do about a judge who attempts to quash our 1st Amendment rights? Hmmm?


10 posted on 12/10/2011 5:19:38 AM PST by mainevet (Get an M1911 or two or three or four)
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To: marktwain

Not Bad.
Government decides who is a journalist. Government decides what is a church. Government decides who can petition the government. Government decides who can peacefully assemble.
Is it any wonder we are afraid of them instead of the other way around?


11 posted on 12/10/2011 5:32:32 AM PST by Tupelo ( 2012 TEA PARTYER but no longer a Republican)
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To: Tupelo
"Government decides who is a journalist. Government decides what is a church. Government decides who can petition the government. Government decides who can peacefully assemble."

The people decide what constitutes legitimate government. The ultimate trump card.

12 posted on 12/10/2011 5:51:46 AM PST by Tench_Coxe
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To: marktwain

How does this tie into gunwalker? The previous story I read on FR indicated that it involved lies she told about a bankruptcy attorney.

If there is a link, I’d be interested in reading about it.


13 posted on 12/10/2011 6:24:08 AM PST by PAR35
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To: marktwain
Hernandez found Cox failed to present evidence that she had
"checked her facts or tried to contact the other side to “get both sides of the story.”

In this era of Obama Worship applying those criteria will eliminate about 90% of the mainstream reporters and established news media.


14 posted on 12/10/2011 6:25:36 AM PST by Iron Munro ("Don't pick a fight with an old man. If he is too old to fight, he'll just kill you." John Steinbeck)
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To: marktwain

Journalism is about the only ‘profession’ that has no standard entry requirements or licensing/certification requirements.

If one looks back at the ‘media faces’ of the last 3 or 4 decades, one sees many high school and even some grade school drop-outs who became ‘journalists’ because a job in journalism had no standard entry requirements or licensing/certification requirements.


15 posted on 12/10/2011 6:48:38 AM PST by TomGuy
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To: marktwain

Wait until we decide who should (and should not) be an “authorized judge.”


16 posted on 12/10/2011 7:20:57 AM PST by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: marktwain; jimfree; abb
U.S. District Judge Marco A. Hernández ruled that “investigative blogger” Crystal L. Cox “was not a journalist and cannot claim the protections afforded to mainstream reporters and news outlets.”
Having the government give the MSM special priviledges is something the MSM has pushed for decades. They were all for the first amendment as long as they had a lock on the media. Now that they have some competition, not so much.
Can we examine the nomenclature "main stream media" (MSM) a bit critically, please?

  1. A television channel or a magazine or newspaper or radio station is a medium. Article 1 Section 8 the Constitution provides explicit congressional authority
    To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries . . .
    The invention of high speed printing presses, the telegraph, phonographs, radio, movies, TV, the Internet, and so forth are all therefore condoned by the Constitution. Such "media" are in principle content neutral. We should have no argument against "media" of communication, as such, so railing against "the media" is really basically stupid. Therefore protection of "the freedom of . . . the press" should be understood as covering all media of communication.

  2. To suggest that fiction be censored, other than that parents should control content to which their children are exposed, is anathema. If lefties make good fiction writers, we will just have to live with that. So that leaves nonfiction. And again, nonfiction books don't have to be right in every particular to have some or even a lot of wisdom in them. So censoring nonfiction books is also a nonstarter, constitutionally and practically.

    Any legitimate brief must therefore be directed at topical nonfiction - i.e., journalism.

  3. In the Eighteenth and Nineteenth Centuries, newspapers were notoriously fractiously independent, and were more like modern opinion journals than like modern newspapers. Something changed the newspapers into the homogenous "press" of today. IMHO the reason for that change is bound and gagged, and lying on our doorstep - the reason is the telegraph. The telegraph, and The Associated Press. The AP has its roots smack in the middle of the Nineteenth Century, and by the Twentieth Century it was in full flower. Meaning, that by then the economic incentives of the use of the AP had by then driven the "fractious independence" of the various newspapers into the ghetto known as the editorial page.

    • The AP based its claim to objectivity on the fact that its members notoriously did not agree on much of anything - but over the course of a generation or two wire service journalism destroyed that fractiousness almost completely. What remains is the overarching self interest of journalists. The standard rules of journalism which are promoted as "objectivity" are transparently designed not for objectivity but for selling newspapers. "If it bleeds, it leads." "'Man Bites Dog,' not 'Dog Bites Man.'" "Always make your deadline." These things have nothing to do with objectivity and everything to do with protecting the journalist's job by selling newspapers. If you think about it, subjectivity - the natural tendency of anyone to see things from a self-interested point of view - is only to be expected. And while it is possible to attempt objectivity, it is not possible to know that you are being objective.
      The wisest and most cautious of us all frequently gives credit to stories which he himself is afterwards both ashamed and astonished that he could possibly think of believing . . .

      It is acquired wisdom and experience only that teach incredulity,
      and they very seldom teach it enough.
        - Adam Smith

      Notice, dear reader, not only how apt the above Adam Smith quote is to the point, but how quoting it changes the discussion from "objectivity" to wisdom. And I contend that a journalist's claim "objectivity" cannot be distinguished logically from a claim of wisdom. I would welcome a serious discussion of that point from anyone who discerns a true logical distinction. Absent any serious debate on that point, this has a very significant implication. Because a claim of superior wisdom is precisely the origin of the term, "sophistry." So when the wire service journalist claims that journalism is objective, he is engaging in sophistry. Another way of reaching the same conclusion is to note that the first action of one who is seriously attempting to be objective is to try to discern, and openly declare, any reasons why he might not be objective - and that such self-abnegation is precisely what the journalist who is claiming to be objective is not doing. Thus, we see that your "objective" wire service journalist is not even trying to be objective.

  4. As I noted earlier, the AP based its claim to objectivity on the fact that its members notoriously did not agree on much of anything - but over the course of a generation or two wire service journalism destroyed that fractiousness almost completely. What remains is the overarching self interest of journalists. The self interest of journalists is to make journalism profitable. Profitable, and influential. Journalists "want to make a difference." Journalists can influence politicians, journalists can influence government. Thus, the bigger government is, the more influence journalism has. Journalists tell you who goes along and gets along with journalists by awarding such people positive labels, and tarring their opponents with negative labels.

    Dear Reader, the Constitution is a progressive, liberal document. One of the (relatively few) enumerated powers of Congress is justified on the basis that it was expected "to promote the progress of science and the useful arts." And the mission of the Constitution. summarized in last objective listed in its preamble, is to "secure the blessings of liberty to ourselves and our posterity." So America was founded as a progressive, liberal nation. A progressive, liberal nation is not a conservative nation. Indeed, I recall a quotation in a history book I read (in the dim past) in school, in which a Briton criticized the Constitution and the government it created as "all sheet and no anchor." Yet the very people who want to preserve liberty and the opportunity for progress which liberty provides get labelled "conservative" - and the very people who would restrict oil drilling, coal mining, genetic engineering of crops, etc. are called "liberal" or "progressive." "Moderation" is a classical virtue, which the immodest people who claim to be objective use as a label for people most like themselves, who want the scope and size of government to be anything but moderate. They always want more.

    The only positive label which journalists apply in politics but do not give their friends is the one they reserve soley for themselves - "objective." Unless of course one of their "liberal" friends (George Stephanopolis, poster boy) changes hats and gets a job as a journalist colleague. Then, without any change of attitude on his part, he instantaneously becomes "objective."

  5. The conclusion of the matter is that the government should not define "journalists" at all, but its working definition is that which journalism itself adheres to - that a journalist never questions the objectivity of any other journalist. Any law which gives special treatment to journalism's "borg" sets them apart from the people, and illegitimately establishes them as a sort of priesthood, in contravention rather than in furtherance of the intent of the First Amendment.

17 posted on 12/10/2011 8:04:16 AM PST by conservatism_IS_compassion (DRAFT PALIN)
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To: marktwain

Guess First Amendment protections for freedom of speech apply only to “government approved” journalists.

A VERY bad precedent, and this moronic judge has made a bad mistake.


18 posted on 12/10/2011 8:25:42 AM PST by Jack Hammer
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To: jimfree

“Excuse me, may I see your First Amendment license?”
____________________________________________________

Precisely.

Can I be cited for contempt of court if I’m not directly involved in the case?

The Federal Cartel certainly has become a thing of wonder!


19 posted on 12/10/2011 10:04:49 AM PST by dagogo redux (A whiff of primitive spirits in the air, harbingers of an impending descent into the feral.)
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To: conservatism_IS_compassion

“Can we examine the nomenclature “main stream media” (MSM) a bit critically, please?”

“Notice, dear reader, . . . “

“I would welcome a serious discussion of that point from anyone who discerns a true logical distinction. Absent any serious debate on that point, this has a very significant implication. Because a claim of superior wisdom is precisely the origin of the term, “sophistry.” “
___________________________________________

It all sounds very erudite and “wise,” of course, but your own conceited sophistry is such a turn off I wouldn’t bother addressing your internal inconsistencies and logical errors (which are many, BTW). Instead, I’m tempted to just say, “grow up,” or “get over yourself” - and, in fact, I just did.

There are times when plain spoken, one line gut reactions serve the discussion better. This is one.


20 posted on 12/10/2011 10:44:30 AM PST by dagogo redux (A whiff of primitive spirits in the air, harbingers of an impending descent into the feral.)
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To: conservatism_IS_compassion
I'm duly licensed...

Photobucket

21 posted on 12/10/2011 1:01:36 PM PST by abb ("What ISN'T in the news is often more important than what IS." Ed Biersmith, 1942 -)
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To: marktwain
U.S. District Judge Marco A. Hernández ruled that “investigative blogger” Crystal L. Cox “was not a journalist and cannot claim the protections afforded to mainstream reporters and news outlets.”

We're deep into Stalin's USSR territory now.

22 posted on 12/10/2011 1:55:53 PM PST by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: Tench_Coxe

>>”Government decides who is a journalist. Government decides what is a church. Government decides who can petition the government. Government decides who can peacefully assemble.”
>
>The people decide what constitutes legitimate government. The ultimate trump card.

The problem is that those in power are disinclined to give up that power... most especially if they think of it as their right.


23 posted on 12/10/2011 3:47:16 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: abb
I like that license.
24 posted on 12/10/2011 3:55:01 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: PAR35
If there is a link, I’d be interested in reading about it.

The last paragraph of the excerpt:

In terms of “journalistic standards,” one need only look at the “Authorized Journalist” archives compiled at Gun Rights Examiner and at The War on Guns blog to note how often the “professionals fall short of any credible standards of knowledge and balance on the issues of guns and gun rights. Ignorance, bias, parroting of agendas, deliberately not covering stories, gun control advocacy, and in general acting like government lapdogs, cheerleaders and abettors, as opposed to watchdogs, have been demonstrated time and again—for years.

25 posted on 12/11/2011 11:48:26 AM PST by marktwain (In an age of universal deceit, telling the truth is a revolutionary act.)
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To: marktwain

So there’s no link?


26 posted on 12/11/2011 11:50:06 AM PST by PAR35
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To: PAR35

Here is a link to the boston globe story:

http://www.bostonglobe.com/news/nation/2011/12/08/judge-says-blogger-not-journalist/4LFxisYM0RdW3AxNOwgTCI/story.html


27 posted on 12/11/2011 2:12:38 PM PST by marktwain (In an age of universal deceit, telling the truth is a revolutionary act.)
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To: marktwain

You still haven’t come up with anything tying it to gun rights. The story that you linked to is consistent with what I have seen.

1 - it is not about gun rights - its about a a woman who made up lies.

2 - it is not about the first amendment - she has the same first amendment rights as what the judge would consider a ‘professional journalist’ but which we can all agree is not a cognizable classification under federal law.

3 - It does turn on who is protected by a state shield law. A number of states adopted additional protections for ‘journalists’ in the post Watergate era. These are state, not federal protections (and all of us can agree, can’t we, that states should be able to adopt laws in areas where the states have not ceded authority to the federal government under the Constitution.

4 - I personally feel that ‘shield’ laws are bad policy. But as a proponent of a smaller federal government, and states rights, I recognize that it is an issue of local policy.

So anyone who thinks that this case is about gun rights or constitutional law does not understand what is going on. And thus is probably qualified to be a ‘professional journalist’.


28 posted on 12/11/2011 3:19:35 PM PST by PAR35
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