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We're All Journalists Now: The Transformation of the Press and Reshaping of the Law in the Internet Age
 
 

We're All Journalists Now: The Transformation of the Press and Reshaping of the Law in the Internet Age (Hardcover)

~ Scott Gant (Author)
Key Phrases: press clause, federal shield statute, nontraditional journalists, First Amendment, Supreme Court, White House (more...)
3.9 out of 5 stars  See all reviews (7 customer reviews)

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Editorial Reviews

From Publishers Weekly

In his first book, Gant, a law partner in Washington, D.C., and former counsel for the New Republic, attempts to update our slim definition of "journalist" for the Internet age. In this narrow volume, he casts a wide net. Adamant that journalism is an activity undertaken, and not a profession practiced, Gant invites us all to join the ranks of the press. He argues that the media's role as a check on government depends on both the expanded category of journalist and the unfettered freedom to report without fear of government reproach. Using specific landmark constitutional law cases, as well as contemporary examples, including the Valerie Plame case and the San Francisco Chronicle reporters who uncovered the BALCO scandal, Gant makes the case that the health of our democracy requires a press clause that entitles journalists to constitutional protection from revealing their sources. His argument draws parallels between colonial pamphleteers and present-day bloggers. His scope is radical, simultaneously calling for the enactment of federal shield laws for the press and a greatly expanded definition of who is a journalist (roughly, everyone). Gant's forward-thinking logic is presented convincingly, though he dismisses the most immediate problems with suspicious facility. (June)
Copyright © Reed Business Information, a division of Reed Elsevier Inc. All rights reserved.


From Booklist

With the growth of the Internet and common access to technology, it is increasingly difficult to clearly mark the boundaries between professional journalists and anyone with the means to spread information about what they see, hear, or think. Gant, an attorney, analyzes the current state of flux in American journalism and argues against special privileges and protections for journalists. We're all journalists and should have the same rights under the First Amendment, he affirms. Gant offers a brief history of American journalism, its role in a democracy, and the advent of "new journalism," including the concept of the citizen journalist. He details the tensions between professional and citizen journalists and notes that more than 50 million Americans daily turn to the Internet for news. Gant highlights several recent cases where information disseminators evoked protections generally given to professional journalists: for example, an independent filmmaker who videotaped a protest in San Francisco that resulted in a clash with police and a Web site sued by Apple for disclosing information regarding new products. An engrossing look at the ongoing debate about how journalism is evolving. Bush, Vanessa

Product Details

  • Hardcover: 256 pages
  • Publisher: Free Press; 1 edition (June 12, 2007)
  • Language: English
  • ISBN-10: 0743299264
  • ISBN-13: 978-0743299268
  • Product Dimensions: 8.1 x 5.3 x 1 inches
  • Shipping Weight: 11.2 ounces (View shipping rates and policies)
  • Average Customer Review: 3.9 out of 5 stars  See all reviews (7 customer reviews)
  • Amazon.com Sales Rank: #237,632 in Books (See Bestsellers in Books)

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    #23 in  Books > Nonfiction > Law > Media & the Law
    #25 in  Books > Computers & Internet > Business & Culture > Digital Law

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1 of 1 people found the following review helpful:
3.0 out of 5 stars Excellent review of journalistic privilege, poorly edited, December 30, 2008
By Tad B. Coles (Overland Park, KS USA) - See all my reviews
(REAL NAME)   
Scott Gant proposes journalistic privilege be extended to all who perform journalistic duties and not limited to professional newspaper, television, and radio journalists. In the process he gives an excellent review of the present state of journalism, how we got here, and where he thinks we might be going. Gant explores the legal precedents and ramifications of a variety of journalistic privileges. He focuses on how the expansion of Internet blogger-journalist activities is changing the face of investigative and commentary journalism. At a time when the mainstream-news topics are decided by fewer and fewer people due to one news titan merger after another, the freelance, independent, Internet blogger is providing a much-needed balance. He convinced me that the importance of protecting ones sources, of gaining access to governmental events, of exercising freedom of speech, is not diminished if an investigative journalist provides his information to the public on a blog rather than in the newspaper. The book drags a bit due to a repetitive style that could have been cleared up by a savvy editor, but the topic and the arguments discussed are especially important at a time when civil liberties are so threatened in the post-9/11 era.
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4.0 out of 5 stars We're All Journalists Now: Great subject, debatable message, August 17, 2008
By Christy (Seattle, WA) - See all my reviews

In today's digital age of inexpensive and accessible media production and distribution means, it is clear that "We're All Journalists Now."

The book of this title by Scott Gant explores the current era's transition in journalism and the laws associated with the changing times. Gant's book examines today's definition of "journalist" and to whom journalistic rights ought to be afforded. There are many well done elements of his book, ranging from its historical accounts, to modern day examples, to its strong central message and arguments. This is an excellent book for a classroom discussion, as its message has many points that can be debated. While the author's position is at times questionable, this is a book that should be read. "We're All Journalists Now" is a worthwhile, thought-provoking work.

The benefits of this book are ample. Gant stays on-message well and his main points are consistently supported throughout the book: First, that "press" rights should be granted based upon the act of journalism rather than a media-organization affiliation (p. 86); second, that "the legal framework for allocating press rights and privileges is not keeping up with the pace of change"(p. 136). In addition, Gant does well to provide a full-circle historical account of the press - from the independent penny papers prepared by the people (p. 15), to corporate-driven media conglomerates (p. 20), to citizen created blogs (p.24). He investigates the ways in which "journalism is returning to its status as an activity rather than a profession" (p. 136).

Credit should also be given to Gant for his use of legal examples to highlight his message that there should be a consistent, modern system of protection for journalists. His examples range from the precedent-setting Branzburg v. Hayes case of 1972 which "gave rise to more questions than it answered" (p. 64), to possible modern-day "shield law legislation in the 110th Congress" (p. 155).

Gant shines with a well-structured argument on page 84. He offers an evaluation of licensing the press, wherein he provides the pros and cons given by Justices and offers subsidiary information based on the addition of technological developments. Due to the fact that anyone can engage in journalism in today's age, Gant concludes that: "If the Court reexamines the nature of press freedom, what is crucial, is that it recognize that any special `press' rights conferred by the First Amendment must be based on activity, not status" (p. 86). His fully-formed arguments are a pleasure to read, as they evaluate multiple sides of the issue.

Nonetheless, while Gant's arguments and examples are clear, there is room for debate in some of his theories. Such room for debate can be seen as a pro or a con to the book: A pro in that it presents opportunities for critical thought and evaluation, and a con because a non-critical reader may simply read it and agree with his questionable messages. From the perspective of a reviewer, this is a pro. There are many wonderful opportunities to engage in questioning the author. This is an excellent book for which a critical essay could be written; some readers may find themselves siding with Gant's adversaries. Following are two examples of Gant's opinions that welcome debate:

First, Gant cites that there is "an artificial distinction between professional journalists and everyone else" (p. 34) and sees a "need for reevaluation at all levels of government of the circumstances in which special benefits are extended to those we deem journalists, and denied to everyone else" (p. 90). One could argue that there will always be times in which certain rules apply to particular entities and not to others. If one views the government as a business, it is the norm that certain players will be granted privileges over others. Through such a lens, it makes sense that perks would be granted to someone serving the best-interests of the company. A hotel hoping for a great editorial review will offer a complimentary stay with all the bells and whistles for someone who writes for a popular travel publication; however, that same hotel may not offer any deals to someone who claims to be a journalist but has an unknown blog and no resume. It is natural for the government to act in its best interest, as any business would. Nonetheless, Gant finds it "troubling" that "only those associated with traditional news organizations are legitimate, and entitled to those special privileges" (p. 116). He also describes these selective preferences as "unfair" (p. 126). This, again, seems to be an open line for criticism using the old adage that "life's not fair." Gant also takes issue with the fact that a "caste system" has evolved in journalism (p. 136). To this, one could argue that the world is comprised of systems of haves and have-nots. Despite working in the same industry, employees are not granted the same luxuries as their company's CEO. Similarly, within universities, graduate and undergraduate students are not granted admittance into the same honor societies.

As a second example, Gant calls it "unfortunate" that the White House is considering ways to "tighten up the press credentialing process" (p. 107). In contrast, it could be debated that a tightening of press credentials is not a bad idea in this age wherein everyone is a journalist. Gant believes that the act of journalism is the sole requirement that should be considered for citizen journalists to be on the same playing field as learned professional journalists. However, Gant briefly admits in his conclusion that "as for the `new media,' much of it is junk" (p. 200). This assessment provides ammunition for a critical reader to rightly ask: "Should someone who produces junk really be allowed behind the scenes of the White House or granted such special privileges? Should they be granted trustworthy rights purely because they engage in the act of journalism?" Albeit, Gant believes an "over-extension of preferences is far preferable to denying press privileges" (p. 179).

In conclusion, "We're All Journalists Now" is a thought provoking work and offers an excellent foundation for debate or classroom discussions. It is a worthwhile read for those looking to gain perspective on the transitioning media in today's digital age. Gant provides a consistent argument while offering insightful background information on the media and government policies relating to journalism. This book is best read, and most enjoyable, when read with a critical eye.
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1 of 2 people found the following review helpful:
5.0 out of 5 stars The author is an attorney and constitutional scholar, October 19, 2007
By Midwest Book Review (Oregon, WI USA) - See all my reviews
College-level collections strong in either journalism and news history or social issues need WE'RE ALL JOURNALISTS NOW: THE TRANSFORMATION OF THE PRESS AND RESHAPING OF THE LAW IN THE INTERNET AGE. It charts the unprecedented rise of blogging and different forms of both reporting and readership, surveys how traditional venues from TV to newspapers are struggling to achieve both identity and validity in the wake of these non-traditional journalist efforts, and considers both social and legal challenges to free speech and writing. The author is an attorney and constitutional scholar: this combined experience lends to a powerful assessment of changes in how information is disseminated and processed.

Diane C. Donovan
California Bookwatch
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Most Recent Customer Reviews

5.0 out of 5 stars Excellent, Well-Written, Quick Read On Ever Important Subject
If it's hard to imagine a book on the history of media in the US and the legal issues arising from the impact of the internet on said media being fascinating or even, I kid you... Read more
Published on November 1, 2007 by Voltairean

1.0 out of 5 stars BVD-clad bloggers want privileges without responsibilities
My original comment was censored, probably because I was a little over-zealous -- I've toned this one down.

This idea of giving the "reporter's privilege" -- i.e. Read more
Published on July 19, 2007 by Larry Fafarman

4.0 out of 5 stars Are millions of journalists better than thousands?
Sounds like a great development but only time will tell if we will be served with more and better quality information.
Published on July 8, 2007 by andris virsnieks

5.0 out of 5 stars The Future of Journalism and the First Amendment
In this absorbing and important work, lawyer and scholar Scott Gant depicts how the evolution of the news media has outpaced our legal system. Read more
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