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A Journalist’s Privilege

A Journalist’s Privilege. The Ethics of Using Confidential Sources. Reasons to Use Confidential Sources. Disclosing Identity would expose informer to harm. Corruption in own organization (loss of livelihood) High-level policy disagreements Police and military retaliation

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A Journalist’s Privilege

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  1. A Journalist’s Privilege The Ethics of Using Confidential Sources

  2. Reasons to Use Confidential Sources • Disclosing Identity would expose informer to harm. • Corruption in own organization (loss of livelihood) • High-level policy disagreements • Police and military retaliation • Allows for government officials to speak more candidly

  3. Problems with Confidential Sources • Lack of Transparency • Transparency is honest and fair* • Denies important information to reader • Often used for personal or partisan attack • Used for speculative purposes • Invoked for trivial comment

  4. Background Facts • 49 states have “shield laws” offering some protection to reporters from turning over sources. • Federal protections for reporters shielding sources are weaker than in most states. • More than two dozen subpoenas have been issued in the past two-and-a-half years to obtain reporter’s notes. • Approximately 500 cases involving reporter’s privilege have been litigated in the last 30 years.

  5. Example Cases • OJ Simpson Case • Novak – Plame • Wen Ho Lee • WJAR • New York Times – Islamic Charity • Lewinsky/Clinton scandal

  6. Branzburg v Hayes Supreme Court decision (1972) in which justices ruled 5-4 that the First Amendment does not shield journalist from cooperating with grand jury subpoenas. A concurring opinion by Judge Powell, called for a case-by-case evaluation balancing all citizens’ obligation to give testimony with press freedom.

  7. Branzburg v. Hayes Questions • Is it the obligation of all citizens to provide evidence they have of criminal wrongdoing? • Does this law undermine the 1st amendment?

  8. Novak – Plame Case Syndicated columnist, Robert Novak, printed the name of a Valerie Plame, a CIA agent. Exposing a secret agent may be a federal crime. Novak has not publicly stated the source of this information. There is a federal investigation regarding the source of this information.

  9. Novak – Plame Case An appeals court has ordered Judith Miller of the New York Times and Matthew Cooper of Time to describe to a grand jury how they learned the identity of outed CIA agent Valerie Plame. If they refuse, they'll face 18 months in jail.

  10. Novak – Plame Questions • Should Novak, Miller and Cooper disclose their source? • Did Novak allow an attacker to hide behind anonymity? • If a journalist is duped or lied to by a source, should they revoke promised anonymity? • Does anonymity allow manipulation of the press?

  11. Guidelines for Using Confidential Sources • Overwhelming public concern • No other way to get the essential information • Source must have verifiable and first-hand knowledge of the story (information must be proven true). • Willing to reveal to the public why source cannot be named.

  12. Should this confidential source by used?

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