Apple move against insider news bloggers challenged in court

Apple’s move to issue subpoenas to PowerPage and Apple Insider brings up the thorny issue of applying the first amendment right to online publications aka blogs. Either way this will be a ground-breaking ruling to look forward to.

Happily the subpoenas have already been challenged.
Apple’s subpoenas challenged in court | CNET News.com

Lawyers for news Web sites targeted by Apple Computer asked a California court on Monday to block subpoenas seeking to identify who leaked information about unreleased products.

Personally I think that they have put their best foot forward so far. The question boils down to first amendement right of blogger nothing more or less.

The subpoenas should not be permitted because Internet journalists deserve the full protection of the First Amendment that their traditional brethren have long enjoyed, the lawyers said in a brief filed in Santa Clara Superior Court.

These writers “cannot be compelled to disclose the source of any information procured in connection with their journalistic endeavors, nor any unpublished information obtained,” the brief says. “The reporter’s privilege applies to online publication and print publication equally.” The brief was prepared by the Electronic Frontier Foundation and two local law firms.

Well said!

I think Apple is taking a risky path in alienating the blog community. It would be interesting to see their cost-benefit-analysis. Is Apple trying the shock-and-awe approach tried previously unsuccessfully by the military and RIAA?

What are your thoughts?