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.
- Jazz game at a glance 3:00 a.m.
- Real Salt Lake: Game at a glance 3:00 a.m.
- Stanford ends Y's soccer season 2:20 a.m.
- Jazz hope D-Will returns soon 2:19 a.m.
- Snow, SUU lose 2:18 a.m.
- Aggies beat Spartans in snowy Logan 2:17 a.m.
- Toone saves day for Wildcats 2:15 a.m.
- Win in New Mexico good for Y? 2:15 a.m.
- TE George's wife delivers 2:13 a.m.
- Weather, stumble play factor 2:10 a.m.
- Apostle's wife felt comfort in attack
- Can BYU root for (ick) Utah Utes?
- Short-handed Jazz fly past Sixers
- D-Will home for daughter
- Utes excited for 'dream' game
- Bench proves fruitful for Y.
- Crash on snowy road kills woman
- GameDay in Fort Worth
- Born of water and the spirit
- BYU happy to escape with victory
- SLC council OKs gay rights policies
358 - Editorial: Mormons and gay rights
200 - BYU happy to escape with victory
194 - Will state consider gay rights law?
148 - TCU creams U.
134 - Can BYU root for (ick) Utah Utes?
130 - Letters: Strange breed in Utah
129 - Utes remain silent about BCS
120 - Pratt pleads not guilty to sex charges
106 - Celtics crush Jazz
104
Maybe someone out there can help me understand how raising the state...
So Great!!! So Proud - Love RSL - Bring Home The CUP!!!!!
mr cannon's bold assertation that the purpose of the first ammendemnt as...
Great great great game!!!! Nicky Rimando is a god! We're the most complete...
I had the game on DVR and just watched it. That was the most exciting game...
financially cannot this year, but I will watch loyally, how great to hear...
This is hardly surprising. Bennett has a remarkable arrogance which is also...
I guess that is why "they play the game" as Herman Edwards would say.. ...
What was the score of the LSU vs LA tech game? Alot closer than you'd like to...
Has Fedor not said that THIS IS OUR YEAR all year long? Go back and...
This is just a small glimpse of the future with Obamacare: corruption, waste...

