This question of course comes about because of the recent imprisonment of NY Times Reporter Judith Miller for refusing to give up her source in the Valerie (Plame) Wilson outing.
I am not asking whether or not it's right for Miller to go to jail but is it right to have a system where leakers are protected from prosecution due to "Freedom of the Press."
This question comes to mind because of this recent Time Magazine story where the following is stated:
In the future, the best hope for journalists may be a federal shield law, now in Congress, which would let reporters keep sources confidential under any circumstances. Thirty-one states and the District of Columbia have shield laws, while 18 additional states have similar protections. A federal law has been proposed by Senator Richard Lugar and Representative Mike Pence of Indiana, who have signed up dozens of co-sponsors. It's not that legislators love the media. But when it comes to advancing their politics, legislators can be world-class leakers and could have as much to lose as journalists.
So is it good to have a system where leakers are protected or not. Or does it have to be decided on a case by case basis?
I think I lean toward the case by case basis because then there is risk to leak but if the leak reveals a true injustice then it is difficult to argue it wasn't the correct thing to do.
It is an interesting question though?
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