Law doesn't protect reporters
 
Opinion
Deseret Morning News
 
I admire Deseret Morning News Editor Joe Cannon for his policy of protecting confidential sources, which when used appropriately can be an important journalistic tool. Cannon cited the First Amendment as the centerpiece of his argument against the subpoena of one reporter, Ben Winslow. He called the subpoena "improper" and "inappropriate" and said the News' policy of protecting sources "goes to the heart of the First Amendment."

Unfortunately for Utah journalists, Cannon's position has no basis in the law. The U.S. Supreme Court ruled in Branzburg v. Hayes (408 U.S. 665, 1972) that reporters do not enjoy a constitutional privilege to withhold truthful testimony about illegal activity from grand juries. While the Branzburg decision applies primarily to federal courts, it is considered the law of the land in states like Utah where reporters are not protected by shield laws.

Currently, Utah is one of only 16 states that do not protect reporters from having to testify about their sources. Until our Legislature recognizes the overriding importance of confidential sources in the practice of ethical, principled journalism, reporters like Ben Winslow can be held in contempt and sent to jail for refusing to hang their sources out to dry.

Paul Husselbee
Cedar City
 
deseretnews.com
Originally published Monday, May 28, 2007
 
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