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In our opinion: Don't amend shield law
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If mainstream journalists traffic in the lies of the smearbund -- whether from within the government or outside the government -- they should be held accountable.
The "Yellow Journalism" that flourished during the life of Joseph Smith is still being used today as source material "proving" that Joseph Smith was someone other that who he really was.
Shielding a "source" may give the Press short-term freedom to report news that needs to be reported; however, at some point that secret "source" needs to be held accountable for the information that he/she gave to the reporter, otherwise the risk of letting some "secret source" become the vehicle used to run-down an unpopular person or unpopular cause is too great. If you doubt this, just visit your closest magazine reseller and look at the articles being written about Glenn Beck. He's really ruffled some feathers in the Obama Administration. Is there any doubt that they have spread "information" with their "secret sources" that is being used by their friends in the media to blunt the force of Glenn Beck's attacks on the Obama Administration?
What makes a person a real or "legitimate" reporter these days? The young fellow and gal who made the undercover tapes of ACORN's willingness to help facilitate child prostitution and sex trade are far more "legit" in my view than the typical papparatzi presuming some "right" to take photos of celebs' babies and weddings.
The worst punishment we impose in this nation for refusing to give up a source is temporary confinement in a modern, safe, jail. It amounts to a contempt of court charge. Let the individual reporters weigh the importance of protecting a source with his own temporary freedom.
NOBODY should be above the law and once a judge determines that the accused or government has legit need to confront the source, anyone with information about the id of the source, should be expected to provide it, or pay the personal price for not doing so.
What about the case of Valerie Plame? In the end it came out the Armitage, who I believe was a State Dept. or CIA official, divulged her information. (By the way she wasn't covert like many tried to claim.) Meanwhile a special prosecutor went on an unnecessary witch hunt. What happens when someone innocent has their reputation ruined? A reporter (and source) doesn't have to take responsibility for that?
And why are being who are "unauthorized to speak" divulging information? Is it really necessary to have anonymous sources for the scoop on everything?
Ideally, and sadly not always the case, the media would govern itself responsibly, and not jeopardize national security. But the general rule in the media is:" If I don't publish this, someone else will, and we will lose money".
All in all, I would leave the laws alone. If you think the media is irresponsible, don't subsidize it with your money.
Don't punish the press for passing on what can be found out by an unprivileged citizen and don't seek them out to pass on “secret” information. If the information is secret then keep it. If the informant has broken a law by divulging unauthorized information then subpena the press with secrecy so a formal investigation of illegal action can take place.
The press, like anyone else, is not absolved from the consequences of aiding and abetting or assessory laws.
Nor are they absolved from libel and slander for unvetted/unsubstantiated information being published...
What about published articles based on "confidential sources" that in fact do not exist? Examples are numerous.
If journalists abuse their power, they lose their immunities from the consequences.
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