Journalist's Privilege to Keep the Identity of His or Her Sources Secret

657 Words2 Pages

Every single day there are crimes committed across the country, and every single day courts convene to determine who was the guilt or innocence of the people involved with the crimes. Courts require evidence and testimonies to convict an individual of a crime. The American Justice System is normally a successful system however; there are times when the system has difficulties operating to its fullest. Many of these difficulties occur when courts interact with media, specifically journalists. The court can often use information released by journalists as evidence; however, for the information to be usable a journalist must confess his or her sources. Yet, many journalists will not divulge their sources, creating difficulties for the court and in many cases, this kind of refusal of revealing sources can land a journalist in jail for contempt. Some may ask why a journalist would not want to reveal his or her sources if it helps solve a case in court. I think the answer to that question is obvious. If a journalist of any sort goes around revealing his sources to anyone and everyone, no one will provide him with information. Many informants only supply a journalist with information if the journalist can guarantee anonymity, so they would not trust a journalist who constantly reveals his sources. Consequently, individuals will begin to withhold their knowledge, which in turn, will create a “chilling effect”. A “chilling effect” occurs when the free flow of information is restricted and the public have less information available. This type of situation is unfavorable though, because people have the right to know as much as they can. There does not seem to be an easy solution to the predicament of journalist’s privilege. Do journali... ... middle of paper ... ...uld they be legally prevented from withholding it? Should journalist’s privilege only exist when their information is not crucial in the determination of the outcome of a case? Ignoring all these questions, even if a journalist was forced to reveal their sources what would we do if they refused? That would be contempt of court, so they would go to jail, but for how long would a journalist be kept in jail? If they were kept in jail for too long they would lose the opportunity to make a living. I think this is all very difficult to figure out. It seems to me that it is necessary for journalist’s privilege to exist however; it would have to be judged on a case-by-case basis. I think that the judges involved in a trial are the ones who will decide if journalist’s privilege will apply. Having a judge decide is the only fair, middle ground solution that I can think of.

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