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 Allows for government officials to speak more candidly 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 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. Example Cases OJ Simpson Case Novak – Plame Wen Ho Lee WJAR New York Times – Islamic Charity Lewinsky/Clinton scandal 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. 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? 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. 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. 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? 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. Should this confidential source by used?