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.
This would set a uniform standard that guides all state courts in matters dealing with confidential sources. It also does what state lawmakers have refused to do statutorily, despite similar laws that exist in many other states. Until now, Utah has been one of only three states without a law, court rule or appellate court opinion granting a reporter privilege.
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…
Mark Sutton | Dec. 10, 2007 at 9:52 a.m.
