The New York Times > Technology > News Analysis: At a Suit's Core: Are Bloggers Reporters, Too?

"This turns out to be an unresolved question of First Amendment law," Mr. Volokh said, referring to the issue of liability for the Web sites.

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No, it's not. There is no First Amendment evidentiary privilege at all and there never has been. Freedom of the Press goes to free speech or free silence. Not to the withholding of evidence in a court of law. Any staet laws which claim to set up such a privilege are sufficiently flawed that they will come crashing down when the idea of licensing journalists become the means of protecting "Main Streem Media."

Matt Drudge has just as much and no more privilege than Jason Blair, Dan Rather, David McCullough, or Micheal Moore. As the Miller Court said, quoting the S.Ct, "writing about crime is not more privileged than solving crime."