At the end of Robert Costa’s helpful post below we read this:

Andrew Breitbart, the owner of Breitbart.Com LLC, the company that published the ACORN videos on its website BigGovernment.com, “may be immune in this case,” adds Toensing. “As a member of the press, he will probably have First Amendment protection. He can hire regular attorneys who could make ACORN suffer.”

I’ve been friends with Andrew Breitbart for more than a decade and I’m glad to hear he’s (probably) immune. But how is Andrew a journalist while O’Keefe and Giles are not? I’m sort of a Glenn Reynoldsian on these sorts of issues. Journalism is an activity, not a priestly status. O’Keefe and Giles were doing precisely the same thing — using hidden cameras to ferret-out corruption — that 60 Minutes won Emmys for during it heyday. I don’t think journalists have special rights to break the law any more than ditch diggers do. Anyone can commit journalism.