gmweinberg comments on Dark Arts 101: Using presuppositions - Less Wrong

65 Post author: PhilGoetz 27 December 2010 05:16PM

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Comment author: gmweinberg 28 December 2010 07:20:58PM 1 point [-]

I haven't yet seem anyone assert that the First Amendment should only apply to journalists. I occasionally see implications that members of accredited news organizations should enjoy immunity from prosecution for espionage, libel, etc. but that's not quite the same thing. If you mean to imply that the existence of espionage laws is a clear violation of the First Amendment, you probably should state it explicitly, since that is not a commonly help proposition.

Or was this a deliberate illustration of the phenomenon the post was describing?

Comment author: PhilGoetz 28 December 2010 09:50:09PM *  7 points [-]

Use Google, and you'll see many people asking whether Julian Assange is a reporter, and therefore protected under the first amendment. Such as "Why Julian Assange is a journalist - And why WikiLeaks is entitled to the same First Amendment protections as the New York Times ". And you will also find people responding to the implied argument, like Reason magazine.

No one has explicitly said the First Amendment should apply only to journalists. But posing the question "Is X a journalist, and therefore protected by the First Amendment?" has that implication.

Comment author: curious 30 December 2010 09:11:34PM *  0 points [-]

whether assange qualifies as a journalist is/could be relevant because the first amendment specifically protects the freedom of the press. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press"

ergo, if assange is a member of the press, it's constitutionally harder to go after him than if not.

no one is saying that if he's not a journalist, the separately-mentioned freedom of speech doesn't apply to everyone else.