Legislative failure to define essential terms
Saturday, August 10, 2013
Legislative failure to define essential terms
The definition of terms essential to the application of a law is the most basic requirement for competent lawmaking.
Sometimes one or more terms are appropriately defined in an open way, to provide flexibility in the application of a law. This is not one of one laws. The shield law is meant to protect reporters, so defining what exactly a reporter is should be done wi surgical precision.
I am open to arguing how broad or narrow the definition of journalist should be in a shield law, but that conversation but result in a specific outcome that is codified in the new law.
It is impossible to have that discussion and achieve that specific codification when legislators shirk their fundamental responsibility.
As Morgan Weiland of the Electronic Frontier Foundation explains in the article linked above, Senators Feinstein and Durbin, and all the legislators who contributed to the poorly-drafted law, have failed in their duty to their constituents and the rest of our country. Hopefully a competent legislator will step in to correct their shortcomings as the law progresses.
#Links #Law #Link #journalism #EFF #constitutional law #Electronic Frontier Foundation #Durbin #Feinstein #legislation #Morgan Weiland