An amendment is moving through the Senate Judiciary Committee that would essentially allow the government to determine who is a journalist for purposes of legal protection of sources. For purposes of protecting a source, a “journalist” under law would be anyone who:

Who would decide who fell within these guidelines? A “judge of the United States” can “exercise discretion to avail the persons of the protections of this Act.” But in the first instance, the DOJ would have the discretion to determine whether a person is a “journalist” for purposes of the law. Instead of focusing on acts of journalism, the law would identify people by employment status.

Sen. Sheldon Whitehouse (D-RI) said that it should not matter to citizen journalists if new protections extended to a special class of journalists created by the government, since the First Amendment does not grant any right to protect sources in the first place. “When we’re discussing the issue of adding a privilege, the issue of taking away someone’s First Amendment rights just isn’t engaged….All we’re doing is adding privilege to existing First Amendment rights, so there is, logically, zero First Amendment threat out of this,” said Whitehouse, ignoring the fact that a massive institutional advantage would be handed to approved government outlets, thereby perverting the entire system of a free press.

Sen. Mike Lee (R-UT) launched into the proposed bill, which he said could “have the effect of excluding certain persons from enjoying the added First Amendment protections the bill would provide.” Sen. Ted Cruz (R-TX) agreed, stating, “Essentially as I understand this amendment, it protects what I would characterize as the ‘corporate media.’…But it leaves out citizen bloggers….I don’t think any protection should treat citizen bloggers who are meeting the underlying test of being primarily engaged in gathering news to report it I don’t think they should be excluded because they don’t happen to work for a media corporation.” He continued:

It strikes me that we are on dangerous territory if we are drawing distinctions that are treating some engaged in the process of reporting and journalism better than others. If we are advantaging those who happen to receive a paycheck from a corporate media entity over those who happen to be citizens….I for one would have deep troubles with legislation from Congress saying ‘we will grant special privileges if you happen to work for a corporate media interest’….It seems to me the First Amendment protects the activity, not the employment status of the person engaging in it.

Ben Shapiro is Editor-At-Large of Breitbart News and author of the New York Times bestseller “Bullies: How the Left’s Culture of Fear and Intimidation Silences America” (Threshold Editions, January 8, 2013).