UNAIRED 2nd PSA TRANSCRIPT

“The courts display confusion regarding how journalists may assert the privilege not to disclose confidential information.” - Mark Gomsak

The debate over journalist privilege is still active.

In 2001, Texan author Vanessa Leggett refused to disclose her murder trial research to a grand jury.  She was held in civil contempt of court and served 168 days in federal prison.

In 2005, New York Times reporter Judith Miller was held in civil contempt of court for refusing to reveal the source that leaked her the name of CIA Agent Valerie Plame.  She spent 85 days in jail before her source released her from her confidentiality promise.

Some argue for a federal shield law to protect journalists and their confidential sources from having to testify before grand juries.

For more information on newsroom confidentiality and the law, visit the--journalism—advocate—dot—blogspot—dot--com

Sources:

Eun, Eunnice. “Journalists Caught in the Crossfire: Robert Novak, the First Amendment, and Journalist’s Duty of Confidentiality.” 42 Am. Crim. L. Rev. 1073, Summer 2005.

Gomsak, Mark. “The Free Flow of Information Act of 2006: Settling the Journalist’s Privilege Debate.” 45 Brandeis L.J. 597, Spring 2007.

Lee, Douglas. “Press: Shield Laws.” http://www.firstamendmentcenter.org/press/topic.aspx?topic=shield_laws