The Black Republican

First, even this writer does not believe his headline; but in the same uncanny way that I predict what will happen next in a football game, ([an inside joke] "31 yards and a fumble"), I called a course for the Judge, which he later followed. However, I didn't cause him to act this way anymore than I caused Jerome Bettis to fumble on Monday night in 2003. But just maybe, the bloggers as a whole did impact his thinking.

In his final ruling, Judge Kleinberg gets it right.

The journalist's privilege is not absolute. For example, journalists cannot refuse to disclose information when it relates to a crime.

Defining what is a 'journalist' has become more complicated as the variety of media has expanded. But even if the movants are journalists, this is not the equivalent of a free pass.

What underlies this decision is the publishing of information that at this early stage of the litigation fits squarely within the definition of trade secret. The right to keep and maintain proprietary information as such is a right which the California Legislature and courts have long affirmed and which is essential to the future of technology and innovation generally.

Yeah, what he said. Which sounds an awful lot like what I said the other day.............(Excuse the interuption, I can't type while patting my back.)

The bloggers did not show that by releasing the material they served a valid public interest. A high standard to meet when you take someone's intellectual property. While there certainly have been instances where revealing industry secrets served the good, this doesn't seem to have been one.

And, let's note, that it is a source of optimism that the Judge has decided to allow that blogging might be journalism. Which, we already know to be true. Don't we?

Also, inspiring on this subject; today I watched as no fewer than two shows mentioned that defining who is a journalist is not so clear anymore. And each of these shows had your standard assortment of media talking heads doing the questioning; though none went so far as to declare that bloggers are part of the media, they danced so close to that fire as to get cinders in their britches, (with Dan Rather not around anymore, somebody has to fill the void for picturesque homespun sounding metaphors, why not me? Shucks, I'm as homespun as Sadie Hawkins socks).

So, fellow bloggers, I conclude that we are wearing them down. The MSM can not hold the mantle of being more truthful than bloggers over our heads. Scandals are no longer something they just report about, they have become scandal creation central. And, the courts can't deny the freedom accorded in the Bill of Rights. So bloggers are as free to write as they are free to talk.

Progress.