Journalists’ use of confidential sources should be legally protected even though reporters promise confidentiality too often, School of Journalism and Communication Dean Tim Gleason told students and professors at a lecture Wednesday night.
An expert in the field of communication law, Gleason spoke in Allen Hall during a talk sponsored by the University’s Society of Professional Journalists chapter.
He started the discussion with an overview of a reporter’s privilege – the right of a journalist not to disclose information.
If interpreted in favor of a journalist’s right to confidentiality, “there are really four possible sources of a privilege, and they are the Constitution, state shield laws, state common laws and federal common laws,” Gleason said.
Federal common laws have been accepted by the courts for more than 30 years as basic guiding principles. However, Gleason expressed concern about the lack of federal protection.
“The power of guidelines is to the degree of which the attorney general takes them seriously,” he said.
There is currently a movement for a federal shield law to protect a reporter’s rights to confidentiality more completely. The bill would bring what most states have already thought to be effective balancing laws to a federal level.
Thirty-one states already have statutes that protect journalists from having to testify or disclose sources.
Journalism and law students present said a federal shield law would benefit the journalistic community more than harm it because the law would allow reporters to access more information without having to worry about being required to disclose confidential information in the future.
Gleason also touched on this point, addressing the idea that “you have to be able to have confidential sources (but) there’s too much confidentiality promised as it is.”
Some journalists, however, worry that if the federal shield laws are passed, journalism could require licensing to define what a journalist is – something some considered a restriction of freedom of the press.
The problem with the journalist’s assumed privilege lies in the lack of a federal law that guarantees a reporter protection from the courts if he or she refuses to release confidential sources or information, Gleason said.
Nicole Wasowski, president of the University’s SPJ chapter, remarked positively on the discussion’s proceedings.
“Echoing what Tim had to say, it’s great to see this many people turn out to discuss such an important topic,” she said.