Kevin Qualls, a professor of journalism at Murray State University in Kentucky, qualified his answer to say that not all bloggers are in the news-gathering business. He said some blog as a hobby or for public relations purposes.

However, he said, they are no less deserving of First Amendment protection should the issue arise.

What has probably got blogging somewhat of a bum rap, the panelist said, is the anonymous person blogging from his basement that’s printing potentially libelous information. Howard J. Bashman, an appellate attorney from Philadelphia, who publishes a blog called How Appealing, said a blogger faces the same liability issues any other journalist.

Both he and Qualls said where federal courts may start to speak on the issue is the standard by which an internet service provider must divulge the blogger’s identity if served with a subpoena. Because different states have different standards, it leads to potential litigants to forum shop.

Dalglish concurred with Qualls and Bashman saying that someone blogging anonymously from the basement of his parent’s home does not give him protection from liability. Conversely, the anonymous blogger has broad latitude in making comments, especially of elected officials. deemed “insulting” that could land him in jail in places like South Africa.

“Can you imagine being thrown into jail because you said something insulting of a politician?” Dalglish said. “Here, we consider it our duty.”