---

Media Criticism, Chicago-Style
Who is a journalist? Ordinarily, that's something for readers and viewers to decide. But recently in Chicago and in Washington, we've seen attempts by the powerful to dictate who is—and who is not—a "real" journalist.

For the past several months, students at The Innocence Project, a program at Northwestern University's Medill School of Journalism, have come under fire from Cook County, Ill. Prosecutors aren't happy with their habit of turning up evidence demonstrating that defendants have been wrongly convicted. They've allegedly exposed the wrongful conviction of Anthony McKinney, a Chicago man jailed for 31 years on a false confession.

Discomfited prosecutors have responded by subpoenaing everything related to the students' investigation about the McKinney case: notes, interview records and even classroom grades. According to the prosecutors, the students aren't journalists, but an "investigative agency." This is a distinction that has legal bite because journalists' notes are protected under an Illinois journalist shield law. ...

...Bert Gall and Robert Frommer of the Institute for Justice have made a compelling case that the Obama administration's word choice is quite significant. They think that by branding Fox as something other than a "legitimate news organization," the White House is actually setting up a more brutal attack using campaign finance laws. News media organizations are exempt from campaign-finance laws' speech regulations. But if Fox is not a "legitimate news organization," then federal election authorities might be able to argue that its political speech can be regulated like that of any other non-news corporation.

The implications would be far-reaching. Messrs. Gall and Frommer write on PajamasMedia.com: "Of course, if the media's speech becomes illegitimate—and thus subject to restriction—when it turns critical, then the same is true for everyone else, including ordinary citizens." Imagine if the administration applied disclosure laws not just to Fox, but to groups like the tea-party protestors. Faced with this restrictive bureaucracy, such groups would probably be paralyzed....