The protections of the First Amendment do not turn on whether the defendant was a trained journalist, formally affiliated with traditional news entities, engaged in conflict-of-interest disclosure, went beyond just assembling others’ writings, or tried to get both sides of a story. As the Supreme Court has accurately warned, a First Amendment distinction between the institutional press and other speakers is unworkable: “With the advent of the Internet and the decline of print and broadcast media . . . the line between the media and others who wish to comment on political and social issues becomes far more blurred.”
So everyone—not just journalists—benefits from the First Amendment’s protections, which makes bloggers (even slimy ones) legally equivalent to journalists*. Cox’s case will get a new trial in Oregon’s district court, and the jury will be appropriately informed of the Gertz rule. Perhaps the award of damages will be reduced.
And we, those following the case at home, can change into our pajamas, order pizza to our various apartments, and blog away. We will not just be bloggers—we will be, according to the law, journalists.
* Updated: The original version of this article made it insufficiently clear that First Amendment protections extended to all, not just bloggers or journalists. It also defined ‘actual malice,’ a federal Constitutional standard, as malign intent. Both errors have been corrected and clarified. Thanks to Alex Howard for noticing the former.