From Politico's FBI raid on Project Veritas founder’s home sparks questions about press freedom
At a Senate Judiciary Committee hearing last month, Garland was asked who qualifies as a journalist under Justice Department policies. “It’s very difficult to make that kind of definition,” he said.
I'd like to find the full response and its context but so far haven't been able to. I've stepped through the 4 hour video at judiciary.senate.gov Oversight of the Department of Justice, Full Committee, October 27, 2021 and looked through justice Garland's written testimony but only found
We also issued a new policy to better protect the freedom and independence of the press. A free press is vital to the functioning of a democratic system under the rule of law. The Justice Department strongly values a free press, and we are committed to protecting the First Amendment and the journalists who rely on it to keep the American people apprised of the workings of their government.
The policy we adopted in July restricts the use of compulsory process to obtain information from, or records of, members of the news media. To further protect members of the news media in a manner that will be enduring, I asked the Deputy Attorney General to undertake a review to further explain, develop, and codify the policy into Department regulations. The Department also remains strongly supportive of congressional legislation to protect members of the news media.
Question: Has the US Department of Justice made an attempt to define what is or isn't journalistic activity? They are developing a new policy but to what activities will or won't this policy apply?
Some possible differentiators:
- Duck test (if it looks like a duck and quacks like a duck...)
- I know it when I see it (US Supreme Court Justice Potter Stewart)