renewed, and he was jailed when he again Gilman’s attorneys argued that because refused because the California shield law did Toll has described his website’s mission as not protect former journalists. “to provide a source of irritation to the Good “I would think this [list] was sweeping Old Boys who operate the Biggest Little enough that the judge should see that the law County in the World with selfish impunity was intended to include these new forms,” forever,” therefore “The Storey Teller is not Coulter said this week. news … the defendant is not a reporter.” That However, since the judge requires specificwould put courts in the position of judging ity in the list of employers and the Nevada content. In addition, the First Amendment Legislature is now in session, there to the U.S. Constitution was written is the option for legislators to add by the founding Congress at a time online journalism entities to when objective journalism did “I don’t that list. Bill introductions are not exist. All journalism of the possible until March 25, and 1700s was opinion and partisan, put ink to even after that date there are and frequently vicious, and the paper.” provisions for new measures to founders wanted it protected. In be introduced. any event, Toll’s site currently Sam Toll contains reports on taxable sales Editor in Storey County, state schools INK VS. ELECTRONS funding, and an explosion in the Former UNR journalism professor Delta Saloon. Warren Lerude, who as Reno Gazette Wilson’s reading of the statute could also Journal executive editor supported and testified put judges in the position of deciding what part for Coulter’s bill, offered another route. He of a reporter’s job is covered by the shield and suggested that the judge was looking at definwhat part is not. As Lerude points out, “Many ing a journalist instead of defining the journalstories that don’t make the print editions do ist’s news entity. The law protects newspapers, make the online editions.” And some print Lerude said this week, and that doesn’t just stories are expanded online as events develop. mean print newspapers. Another weakness in the Nevada shield law “In my view, Sam Toll’s online newspaper is that it does not cover freelance journalists. is a newspaper, and the shield law covers At the time that the 1975 changes were made newspapers,” Lerude said. “It does not define in the law, there was news coverage of a newspapers as only in print.” university professor in another state who was In that connection, Toll in his filing quoted writing a book and claimed a confidentiality a decision that he and Wilson attributed to a source privilege. There was some concern in U.S. Court of Appeals/Ninth Circuit ruling the Nevada Legislature, including on Coulter’s but which actually comes from the U.S. part, about the list defining journalists becomSupreme Court opinion in Citizens United vs. ing unwieldy. But in ensuing years, the ranks FEC: “With the advent of the Internet and of freelancers have grown sharply, fostered by the decline of print and broadcast media … online journalism. the line between the media and others who In 2014, the Technological Crime Advisory wish to comment on political and social issues Board in the state attorney general’s office becomes far more blurred.” As for the Ninth drafted language that would have extended Circuit, its attitude has been described by a Los the shield to “any medium of expression Angeles Times headline—“9th Circuit to blogthat currently exists or shall exist in the gers: You’re all journalists now, kinda sorta.” future.” But the draft was not introduced at However, Toll may be trying to establish the 2015 Nevada Legislature. It is not known the rights of online entities under the shield why, but in the 2014 election, both houses law, because he seems to be avoiding being of the Nevada Legislature went Republican defined as a newspaper. On his website he and the attorney general’s post was won by has posted, “The Teller is not a ‘newspaper’ Republican Adam Laxalt. because the NPA did not classify it as such on The dispute is attracting considerable attenits website and I don’t put ink to paper.” tion. Courthouse News Service, a widely-read, In addition, Wilson in his ruling said Toll Pasadena-based website reported the case offered an affidavit of former Nevada Press under the headline, “Who Is a Journalist? In Association Director Barry Smith. Wilson Nevada, It’s Complicated.” then wrote, “Mr. Smith did not say the Storey In a reader comment posted at Nevada Teller is a newspaper. In fact, he distinguishes Current, Toll said, “I now face the unenviable between daily and weekly news publications position of being forced to roll on confidential on the one hand and online news services, sources or going to the hoosegow. What would magazines, and others, on the other hand. The you do?” court [Wilson] concludes that because Toll Wilson’s ruling will be appealed. Ω does not print the Storey Teller the Storey Teller is not a newspaper and, therefore, the news media privilege is not available to Toll under the ‘reporter of a newspaper provision of The full language of the Nevada shield law can be read at [Nevada revised statute] 49.275.” bit.ly/2NZ6627.
03.14.19
|
RN&R
|
9