Anonymous sources

1. Anonymous sources Ethics and law

2. SPJ Code of Ethics “Always question sources’ motives before promising anonymity. Clarify conditions attached to any promise made in exchange for information. Keep promises.”

3. Three flavors of anonymity • Background • Also called not for attribution

4. Three flavors of anonymity • Background • Deep background • Better for reporting than for publication

5. Three flavors of anonymity • Background • Deep background • Off the record

6. Three flavors of anonymity • Background • Deep background • Off the record • Always negotiate

7. Three don’ts • Don’t use anonymous sources to attack someone’s reputation

8. Three don’ts • Don’t use anonymous sources to attack someone’s reputation • Don’t use anonymous sources if you could get the same information on the record

9. Three don’ts • Don’t use anonymous sources to attack someone’s reputation • Don’t use anonymous sources if you could get the same information on the record • Don’t use anonymous sources unless you are prepared to go to jail

10. Questions • Are readers right to distrust journalism that relies on anonymous sources?

11. Questions • Are readers right to distrust journalism that relies on anonymous sources? • Should news organizations reduce or eliminate use of anonymous sources?

12. Questions • Are readers right to distrust journalism that relies on anonymous sources? • Should news organizations reduce or eliminate use of anonymous sources? • Is freedom of the press threatened by developments such as the BALCO case?

13. Legal considerations • Branzburg v. Hayes (1972) found no right to protect sources

14. Legal considerations • Branzburg v. Hayes (1972) found no right to protect sources • First Amendment protects all of us, not just journalists

15. Legal considerations • Branzburg v. Hayes (1972) found no right to protect sources • First Amendment protects all of us, not just journalists • Three-part balancing test: • Relevant

16. Legal considerations • Branzburg v. Hayes (1972) found no right to protect sources • First Amendment protects all of us, not just journalists • Three-part balancing test: • Relevant • No alternative

17. Legal considerations • Branzburg v. Hayes (1972) found no right to protect sources • First Amendment protects all of us, not just journalists • Three-part balancing test: • Relevant • No alternative • Public interest

18. The tide has shifted • Branzburg decision came during the heroic age of journalism

19. The tide has shifted • Branzburg decision came during the heroic age of journalism • Public came to distrust the media, and that attitude affected the courts

20. The tide has shifted • Branzburg decision came during the heroic age of journalism • Public came to distrust the media, and that attitude affected the courts • An absolute shield for journalists would probably be unconstitutional

21. Privacy A few considerations

22. Four types of privacy law • Intrusion • Highly offensive to a reasonable person

23. Four types of privacy law • Intrusion • Publicizing private facts • Highly offensive to a reasonable person • No legitimate public interest

24. Four types of privacy law • Intrusion • Publicizing private facts • False light • “Libel Jr.” • Not necessarily untrue • “Actual malice” applies

25. Four types of privacy law • Intrusion • Publicizing private facts • False light • Commercial appropriation

26. Overriding themes • First Amendment protects all of us, not just professional journalists

27. Overriding themes • First Amendment protects all of us, not just professional journalists • Protections are greatest for publishing or broadcasting

28. Overriding themes • First Amendment protects all of us, not just professional journalists • Protections are strongest for publishing or broadcasting • Protections are weakest for news gathering • Open-meeting and public-record laws • Obligation to testify • Prohibition on intrusion