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G.A. Harrison's analysis of the decision by Judge Purnell that Jihad Joe Albero is not a journalist has a major flaw:  he doesn't know the law.

The issue is NOT whether Jihad Joe Albero was paid.  The Maryland Journalism Shield Law requires a person to be employed as a journalist by a "news" organization of some type.  Being employed has a far different meaning under state (and federal) law, rather than just being "paid".  So whether Jihad Joe was collecting any revenue or not is immaterial.

This was the justification for Judge Purnell's decision, which was right and proper under the law. 

Of course, Jihad Joe could easily rectify this matter for the future, and he probably should.  Create a Limited Liability Corporation, of which he is the only employee, and for which he is paid.  Since he likes to fashion himself the "smartest businessman" on the entire Eastern Shore, this shouldn't be too hard for him to figure out.  He can easily fit the definition of "employed" under the Maryland Journalism Shield Law going this route.

Until then, he is just another a loud mouth know-it-all.  And G.A. Harrison is just carrying his water.

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Saturday, April 12, 2008 7:21 AM
While you are correct that I oversimplified, you are also oversimplify when you state that Judge Purnell ruled that Albero was "not a journalist". His ruling was that Albero did not enjoy protection under the Maryland Shield Law.

I would also argue that if you are earning revenue from something (without the necessity of incorporating) you can still be "employed". If not, self-employed individuals would not be subject to FICA tax.

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