Civil Contempt = Occupational Hazard
There's a lot of talk about the need for a federal shield law. And often it appears that shield law is supposed to be the silver bullet for the journalists who use anonymous sources.
News Flash: It's not.
Even in the 49 states (Wyoming's the only one that does not) that have shield laws, journalists are only granted qualified privilege. Most states compel reporters to testify before the grand jury if the information is a) considered vital and b) there are no other means to acquire the information. So when those conditions are met, the reporter is again met with the threat of jail and/or fine.
Don't expect the courts to give journalists slack anytime soon, either. The grand jury is one of the most important tool for the judiciary branch in the gathering of information, and civil contempt is its one and only way to compel testimony. The supreme court will protect its brethren. Unless 5 Hugo Black clones occupy the bench at the same time.
Bottom line is this: if you're going to promise unconditional anonymity, you better be ready to go to jail. Otherwise you will lose all credibility or will have to beg your sources to allow you to divulge their identity to the grand jury.
News Flash: It's not.
Even in the 49 states (Wyoming's the only one that does not) that have shield laws, journalists are only granted qualified privilege. Most states compel reporters to testify before the grand jury if the information is a) considered vital and b) there are no other means to acquire the information. So when those conditions are met, the reporter is again met with the threat of jail and/or fine.
Don't expect the courts to give journalists slack anytime soon, either. The grand jury is one of the most important tool for the judiciary branch in the gathering of information, and civil contempt is its one and only way to compel testimony. The supreme court will protect its brethren. Unless 5 Hugo Black clones occupy the bench at the same time.
Bottom line is this: if you're going to promise unconditional anonymity, you better be ready to go to jail. Otherwise you will lose all credibility or will have to beg your sources to allow you to divulge their identity to the grand jury.
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