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You and durbin attempt to make a distinction where none need to be created.

I respectfully disagree. Don't get me wrong, I can see the cause for your concern. But the public policy interest of the shield law is only protected if we know clearly who is protected by the qualified privilege. If Congress does not define who is covered, then the courts will, which will lead to great uncertainty about who is protected, which will in turn cause a chilling effect (exactly what the law should be designed to avoid).

There is room for a reasonable debate on where to draw the line. But drawing the line at "everyone" cannot work. It would vitiate the government's legitimate power to compel discovery of facts and information in furthurance of its Constitutionally mandated obligation to enforce and uphold the laws of the United States.

I also note that the public policy interest of the law can be met even if the definition of "journalist" does not cover every conceivable person who may disseminate information from a confidential source. All that is required is that there be SOME group of news gatherers defined as "journalists" that is large enough and active enough to ensure that whistleblowers have a place to go and stories that need to be told will be heard. I, for one, am agnostic about who those people are, as long as they adhere to ethical obligations of journalism.
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