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Apple v. Think Secret tests First Amendment

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On January 26, 2005, 1:34 PM EST

The Apple v. Think Secret legal case (where Apple claims that Think Secret leaked confidential information about its products) has become a First Amendment case, and now threatens to change the future of bloggers, blogging, and the blogosphere. Free speech is a fundamental human right in democratic nations, but perhaps there are limits to free speech, and this case will perhaps come to test that. Apple claims it is not attempting to limit US rights to press freedom; Think Secret maintains that nothing wrong was done.

Mr Ciarelli's lawyer says he has done nothing wrong; as a blogger, he has every right to publish information leaked to him as long as it is obtained lawfully. And as a journalist, he cannot be forced to reveal his confidential sources.

The case raises many questions, most importantly: who is a journalist in cyberspace? In a world where technology can make anyone a publisher, should every blogger qualify for constitutional protection under the first amendment to the US constitution that guarantees freedom of the press?

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