From Deseret News archives:

A good shield for reporters

Published: Monday, Dec. 10, 2007 12:19 a.m. MST
 |  E-MAIL | PRINT | FONT + - 
Each time a reporter is threatened with jail time for refusing to reveal a source, people with information about official corruption become less likely to tell what they know. As a result, freedom suffers and the nation grows a little weaker.

So we're pleased to see that the Utah Supreme Court has drafted a reporter's privilege rule that will make it significantly harder for prosecutors, judges and others to punish reporters for failing to give up their information. The rule has been submitted for a public comment period until Jan. 22. It ought to be adopted.

The rule would set up a balancing test that protects reporters and whistle-blowers unless the court is convinced the information can be obtained no other way, and that it is vital and of relevance. These factors have to be weighed against society's need for a free and independent media that can keep a check on abuses of power. Even if courts decide it is necessary to compel a reporter to reveal information, a judge has to review the information in private before making a final decision.

Story continues below
This would set a uniform standard that guides all state courts in matters dealing with confidential sources. It also does what state lawmakers have refused to do statutorily, despite similar laws that exist in many other states. Until now, Utah has been one of only three states without a law, court rule or appellate court opinion granting a reporter privilege.

As the proposed rule notes, "Although recognition of a reporter's privilege, as with all privileges, may limit the disclosure of specific facts in developing an evidentiary record in a particular case, the law has long recognized that some societal needs and values outweigh disclosure. To this end, the reporter's privilege has been recognized as important in assuring a continued free flow of information to those who gather and publish the news."

That free flow of information has come under attack numerous times in recent years, especially on a federal level. Utah's Supreme Court has demonstrated it both understands and values the role of a free press in preserving liberty. Its proposed rule ought to give all Utahns more peace of mind.

Recent comments

Legal privileges serve an important role in law and society. But they...

Mark Sutton | Dec. 10, 2007 at 9:52 a.m.

previousnext

Latest comments

Aggie 'D' holds BYU to season low

USU, along with almost any other basketball team, has a home court advantage....

What bothers me is how quick this article assumes Romney suffered at the...

March trial set in bogus-bids case

a good criminal attorney so Yengitch is hired. The jury may well not be...

Woods crash did $3,200 damage

That's like me causing 1/100th of a cent worth of damage to something and...

Football is JUST A GAME!! People have the right to say and believe what they...

Notice how Hatch always talks about failure.... How about some success in...

Proud to be a Wildcat...proud of Randy Rahe, his staff and his team. Never...

But according to Dave Rose in an article earlier today, "we know who are...

Nearly 1,000 cats have found homes

keep them under controland have them "fixed" so they will not be picked up...

Can I get a WOOT YEAH?!

Advertisements