Note to Media: The First Amendment Protects All of Us

May 17 (Bloomberg) -- (UPDATE: As this column was being edited, a new version of the Free Flow of Information Act was introduced in Congress. The revised bill addresses some of my minor criticisms, but unfortunately does little to change the largest problem: a narrow definition of “covered person” that would exclude from statutory protection, for example, bloggers and others who do not engage in journalism “for financial gain or livelihood.” This narrow definition remains an outrage againstthe First Amendment. I certainly should have included a discussion of the new proposal in the original column, but my conclusion that it’s a bad bill stands.)

President Barack Obama’s administration announced this week that it is throwing its support behind the press shield law that has been stalled in Congress since time immemorial. Critics insist that the administration, suddenly mired in scandal, is simply trying to curry favor with the news media, but the proposal deserves to be judged on its merits.