Senate Shield Law Passes Over To House; Who Cares?

[You'll note in the title I say, "who cares?" I really don't mean that, but I kind of do at the same time...read on for why.]

SB 966, the Senate version of the Shield Law has passed the Texas Senate.

The MainStreamMedia was quick to jump on the bandwagon to note:

The bill also would write into state law a definition of who is a journalist. In broad terms, it would be a professional reporter or editor working for a news outlet such as a newspaper, television or radio station or Internet news site. It also does not cover bloggers and student journalists.

Yeah. Right. WhatEVER. One court case and that’ll change. Of course, I still maintain that the original version of the Pena/Van Arsdale Sheild Law could be construed to cover many (but not all) bloggers. I’d love to know if the word “blogger” was mentioned in the Senate debate.

I must say that I now believe that courts would have to construe, if a blogger was subpoenaed to testify, that the new law is either unconstitutional or should be construed to cover bloggers.

Why? It’s called the Equal Protection Clause of the 14th Amendment:

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws…

I’d be willing to bet that a blogger who is engaged in news gathering and news writing and what not, regardless of whether or not they specifically fit within the definitions of a “journalist” as outlined in the bill, could argue in federal court that, though they don’t derive a majority of their income from blogging, they are being denied “equal protection of the laws” if they were subpoenaed and ruled by a state court not to be covered.

Now, on to why I kind of “don’t care” whether or not this passed today:

As important as this is to me (since I do write as a freelance journalist and am a blogger), I can’t say it’s the most important thing to come out of the Lege. Furthermore, it’s bittersweet to see this passed which so much good, needed legislation is still laying around on calenders, languishing in committees, has failed, etc., that would help Texas kids, schools, teachers, poor people, workers, etc.

It’s just sad we can’t get out all the good legislation and sadder still that the good stuff can’t get passed.