As the internet increasingly becomes the foremost forum of sharing both information and ideas, blogging has emerged as the primary medium through which people can instantly reach and engage a global audience. However, the status of bloggers under the First Amendment is in question and under scrutiny as courts are being asked to decide whether bloggers stand equal to journalists and the protections afforded them.

Initially touted as the new frontier subject to no laws, the internet and the implications of this new free flowing form of communication has shaken governments across the world into a frenzy to harness and control its use. In 1997, the Supreme Court ruled that the First Amendment applies to communications on the Internet are protected to the same extent as communications on print mediums; the highest level of constitutional protection for their speech. The Court found that cyberspace, unlike broadcast media, is neither a “scarce expressive commodity” nor one that is invasive entering “an individual’s home or appears on one’s computer screen unbidden,” the historical justifications for government licensing and control. Justice Stevens, in writing the opinion for the majority, states that, “the interest in encouraging freedom of expression in a democratic society outweighs any theoretical but unproven benefit of censorship.”

Regardless of the immunity which may exist for links to third party sites or to postings submitted by readers, an individual who publishes a blog can still be sued for any material the blogger writes (generally in the form of libel lawsuits). Still, libel lawsuits in the United States are uncommon and can only be based on false statements of fact and not on statements of pure opinion.

Seemingly deemed as a “First Amendment Machine,” there have been many a calls to regulate political speech on the Internet and there many activists who blog have faced extensive FBI probing and have been victims of governmental raids. Although it is claimed that Free Flow of Information Act provides the same protections of the freedom of speech to bloggers as traditional journalists, there exist several exceptions regarding terrorism, national security, imminent death and trade secret leaks, especially in the context of revealing journalistic sources.

In the post-9/11 era, activists ranging from a broad spectrum of progressive movements across the United States are facing FBI probes and raids of their homes and properties in the name of national security and investigating terrorist activities. Investigators issue subpoenas and warrants for documents and other materials to examine “possible material support” for groups designated by the U.S. government as terrorists, without fail targeting those critical of U.S. domestic and foreign policy across the globe – rubber stamping a clear fishing expedition.

It is essential to harness the power of this global platform of information gathering and sharing and it must be done with the understanding that although unfavorable, our opinions and reportings are protected speech – especially when undertaken responsibly. And when we find ourselves at the receiving end of a subpoena or warrant, we must immediately contact an attorney and take steps to protect our legal rights.

The author of this article can be reached via email at Justice360@muslimcongress.org. For more information about Justice360, visit http://www.muslimcongress.org/360.

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