From Deseret News archives:
A good shield for reporters
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.
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.
- A 'twittologue' with Chaffetz 9:23 a.m.
- Rebound slower than first thought 9:22 a.m.
- 'Boomerang kids' moving back in 9:18 a.m.
- H1N1 vaccines pulled in Canada 9:06 a.m.
- Stocks retreat on reports 8:58 a.m.
- TCU's success exceeds expectations 8:54 a.m.
- Obama welcomes Indian PM Singh 8:31 a.m.
- KSL: Prostitution in Utah County 8:31 a.m.
- Antarctic icebergs head for N.Zealand 8:29 a.m.
- Lacrosse players face sex charges 8:25 a.m.
- Protests against Phoenix LDS temple
- BYU's Lamb, Jorgensen reprimanded
- Bronco, Kyle rubber match
- Real Champions
- Fans greet returning Real Salt Lake
- Inmate dead following prison fight
- Time for big matchups in WAC, MWC
- Plenty on line for rivalry game
- Utah, BYU are top choices for bowls
- RSL wins MLS Cup on penalty kicks
- Glenn Beck to enter politics?
216 - RSL wins MLS Cup on penalty kicks
198 - Palin plans tour stop in Utah
178 - Bronco, Kyle rubber match
136 - Palin's book shows she's unqualified
133 - BYU records with win
132 - Protests against Phoenix LDS temple
131 - Officer cleared in Cardall Taser case
103 - BYU cuts Women's Research Inst.
103 - Hall, Johnson matchup key
101
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