Papers Back Bloggers In Apple Suit

Company Is Suing Over Leaks To Web Sites; Are They Journalism?

(CBS/AP)  Apple spokesman Steve Dowling wouldn't comment specifically on the media companies' brief but emphasized that Apple must protect its product secrets.

"Apple's DNA is innovation, and protection of trade secrets is crucial to our success," Dowling said Monday.

But Scheer said the reporters were members of the media — and the case could impair all journalists' abilities to develop sources.

"Even if these stories had been written by The New York Times, not only could The New York Times be forced to disclose its sources but because of the nature of the information, The New York Times might even be at risk for criminal prosecution for publishing such a story," Sheer said. "This started out as an important but quirky case about bloggers but it morphed quickly into a much more important case about First Amendment protections when newspapers are writing about information that can be characterized as being a trade secret."

Dave Tomlin, assistant general counsel for the AP, said the case has implications for bloggers, online reporters and traditional journalists.

"For us, this case is about whether the First Amendment protects journalists from being turned into informants for the government, the courts or anybody else who wants to use them that way," Tomlin said. "We believe strongly that it does, and that it's a good thing for all of us that journalists have this protection."