Gizmodo’s defense is based on arguing that bloggers are journalists, with the tacit implication that Shield Law applies, but it does not. Shield Law exists to protect journalists from giving up their sources. The State of California is arguing that Gizmodo themselves committed a felony.

During the raid, Jason Chen provided police with a printout of the email from Gawker COO and legal counsel (note: not a bonafide lawyer) Gaby Darbyshire citing Shield Law. In what is probably poetic justice, they seized that too.