Brigham Young University presented "Protecting Confidential Sources: A Panel Discussion" on Thursday, September 18, 2008. Jeffrey J. Hunt, M. Dayle Jeffs, and RonNell Anderson Jones spoke while Ed Carter moderated.
To begin, what do people mean when they refer to reporter's privilege? Reporter's privilege simply explained is the right of the journalist to disclose information to the public and to protect the informer who gave him that information in confidence. If journalists tattled on their secret sources, then those people and future people will stop coming forward and sharing information with the journalists. As Joseph C. Spear emphasized, "A reporter's sources are the one treasure he can not live without."
As a result of reporter's privilege, scandals like Watergate, Pentagon Papers, and the Iran-Contra secret were unveiled. If journalists hadn't proven themselves trust worthy, then those kind of stories may have never come to the surface.
Why can doctor-patient and lawyer-client relationships exist without a problem but not journalist-source relationships? Is it fair to send a journalist to jail for not revealing his source when the information/informer being protected does not affect national security?
The first amendment protects our right to free speech and free press. Journalists protect their sources when they leak important information like government officials accepting bribery. But who protects the journalists when the guilty party subpoenas and tries to find out who blabbed?
Although one of the last states to adopt a shield rule, Utah's 509 rule is one of most beneficial laws protecting journalists, sources, and the free flow of information according to Hunt. http://tinyurl.com/Utahs509rule
Jeffs discussed the importance that the public have access to the truth. One of the ways the public gets the truth is through journalists. Therefore it is needful to have a law protecting journalists and their sources. The only time a journalist should be forced to reveal a source is when it affects national security or multiple lives of the party involved. There must be a true need. Otherwise, "the free flow of information is more important than the need of the requester."
Jones discussed the issue of subpoenas. She asked different media companies how many times they had been subpoenaed in the previous calendar year. The number totaled up to over 7,000 subpoenas being issued out. Subpoenas tie up journalists and prevents more information from being presented. Once again, this reinforces the need for journalists' protection.
Free speech and free press are the cornerstones of democracy. Press is one way to balance the power of the government and protect the interest of the publc.