You can read my analysis of this legal issue in this earlier post. Here is an excerpt:
Legally, can a law distinguish between different types of publications? The answer seems to be yes, as Playboy does not have the same privileges regarding sources as does the Washington Post. However, where should this line be drawn? The judge in this case seems to be distinguishing between “primary” and “secondary” news sources, but this difference is not always so easy to see. Should Newsweek receive less protection? Should Variety receive more? And where do Internet publications fit into this picture?
The case should be decided by next fall, and an appeal to the Supreme Court is possible.
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