Apple has the right to subpoena email form the Think Secret, Apple Insider and PowerPage ISPs. Fan sites, bloggs, wikis, and chat rooms are not journalism, they are speculative opinion mixed with some fact. The first amendment does not give us the right to distribute trade secrets, confidential information, or, information obtained under a non-disclosure agreement. Our freedom of speech mens we can say whatever we want. However, we must be accountable for what we say. Just because someone claims they are are journalist does not give them the right to break the law.

The bigger issue here is: What constitutes journalism? The line between what is news and what is opinion is particularly blurry with the branching of so many new mediums, political interests funding and motivating the media. Take Fox news for example, its mostly opinion.

This article is interesting because it was written before this got out of control: Washington Post.

More on the issue:
CNet, SlashDot.