Ohio Case May Define "Journalist" [UPDATED]

A Bay Area case involving a blogger claiming journalists' privilege in refusing to turn over information to authorities has generated much chatter among both bloggers and journalists. One of the key questions in the Bay Area case is whether a blogger -- particularly a blogger who is alto a political activist -- is a "journalist" for the purposes of the state's reporter shield.

Today's Plain Dealer reports on an Ohio case that may define the question here without ever directly involving bloggers. The President of Ohioans for Concealed Carry has requested the list of people in Clermont County under a provision that only allows officials to release such information to journalists. The local prosecutor has filed a lawsuit seeking a definition of "journalists" (presumably by asking for a declaratory judgement, though the paper doesn't clearly say.)

In a bit of irony, OCC proclaims that they seeking the information to obtain information to -- wait for it -- bolster their case to close the journalist exception to the nondisclosure law. Without knowing the entire backstory, I can guess that journalists lobbied for the exception if for no reason than that they are absolutists when it comes to release of public information, opposing exceptions of any kind. So we have an activist organization clothing itself as a journalist in order to advocate against the expressed interests of journalists.

In the law biz we have a saying: hard cases make bad law. Calling a blogger who is also a professional journalist who is also blogger like Bill Sloat a journalist is an easy case. Calling a citizen blogger like Scott Bakalar a journalist is also pretty easy. The more a blogger's activity is about activism, the harder the case gets. The OCC case is pretty hard and could result in a ruling against OCC so broad that it knocks out anyone not actually employed by a news organization. It's a case that bloggers concerned about the issue should keep an eye on.

NOTE: While gathering links for the above, I noticed that Bill Sloat has posted an essay on the subject. I don't agree with everything he says, but it's compelling and well argued (of course) and definitely worth a read.

UPDATE: While I was writing, apparently Jerid was as well. He included a statutory definintion of "journalist," which is useful (though he erred in writing the subsection):

As used in this division, "journalist" means a person engaged in, connected with, or employed by any news medium, including a newspaper, magazine, press association, news agency, or wire service, a radio or television station, or a similar medium, for the purpose of gathering, processing, transmitting, compiling, editing, or disseminating information for the general public.

O.R.C. §149.43(B)(5)

This is the definition in the public records law. It is replicated in the statute guaranteeing confidentiality of concealed carry permit records:

As used in division (B)(2) of this section, "journalist" means a person engaged in, connected with, or employed by any news medium, including a newspaper, magazine, press association, news agency, or wire service, a radio or television station, or a similar medium, for the purpose of gathering, processing, transmitting, compiling, editing, or disseminating information for the general public.

O.R.C.§ 2923.129

I also uploaded the clip art I had forgotten the first time.