Discuss the following:

1. How far would you go to get a story? What would you do if you were told your life was in danger?

3 main components1. The use of multiple sources/many

interviews2. Extensive research3. Confirming facts or fact checking

“It’s about keeping our word for 30 years. The process of reporting involves having those sources that will say, ‘Here’s what’s really going on.’ ” – Woodward

“There are people in this country that would know virtually nothing about their government if it weren’t for confidential sources.” - Bernstein

It protects a source’s job It protects a source’s life It is the only way to get the

information

“We as journalists enter into agreement that we won’t reveal their identity as long as their information is truthful. If we were to break that pledge, our work as a reporter would be over.” – Bernstein

“The process it to check and doublecheck. When you use an unnamed source, it’s all on your shoulders.” – Woodward

1. Keep your promise & protect their identity

2. Fact check all information they give you

What does Bernstein say are the lessons that can be learned from Watergate?

Be careful Use multiple sources Put information in context Don’t be swayed by gossip or

sensationalism or manufactured controversy

The right to not reveal confidential sources, notes, tapes or photos, etc. in connection with the litigation of a case.

Used when journalists are called on to testify in a court of law as an innocent third party (subpoenaed in civil or criminal cases)

• 2 journalists were called to testify against the Black Panthers organization (had infiltrated and written stories about)

• 1 journalist had infiltrated and written about organized crime in Kentucky

• They were all called to testify before a grand jury but refused to reveal their notes and sources

• Refusing to testify results in jail time and fines

• Case goes to Supreme Court

Revealing source’s name might put that source in danger or put the reporter in danger

Revealing a source’s name might cost them their job

It is difficult to get anyone else to talk to you when you revoke a promise of confidentiality

It could have a chilling effect on investigative reporting itself

It could become a force of harassment, Ex: cops calling journalists to testify just to cause them trouble after a police-negative story

The press is separate from the government and should remain so – if reporters are used in this way, they become like an investigative arm of law enforcement

Journalists lost 5 – 4 so there is no national law protecting anonymous sources (or journalist’s privilege)

Determining who qualifies as a journalist?

Some justices agreed that there should be journalist’s privilege sometimes (Justice Stewart’s dissent)

Plaintiffs have to prove 3 things for a journalist to be forced to reveal his/her sources

1.That the Journalist has relevant information

2.That the government (or plaintiff) has a compelling and overriding interest in it

3.That there is no other way to obtain that information.

Formed the basis for most state shield laws

Laws explaining under which circumstances a journalist must reveal confidential sources and when they may keep that information to themselves

State laws are generally stronger than the federal law

36 states have shield laws

http://www.dmlp.org/legal-guide/texas-protections-sources-and-source-material

Passed on May 13, 2009 – the Free Flow of Information Act

Protects Texas journalists from being forced to disclose or testify about their confidential sources

Provides qualified privilege, not absolute (meaning there are specific circumstances in which privilege can be overcome)

Law would require that an independent judge review all police and court orders demanding that reporters turn over their notes or identify their sources

Not be protected if they knew their source had committed a felony or if the information could prevent certain death or bodily harm to an individual

People who get a significant portion of income from news gathering

Not independent bloggers

Deep Throat revealed himself in June/July 2006

W. Mark Felt – the deputy director of the FBI

His family revealed his identity through a Vanity Fair article when he was 91 years old

Woodward met Felt when he was a Navy courier

Passed away in December 2008

Interview with Woodward on Washington Post website.

How does 2013 amendment to Free Flow of Information Act impact Texas journalists?

Are there any changes from 2009? If so, what?

Who is covered as a journalist? What protections are they given? Is it federal protection? Or state

protected?

http://www.dmlp.org/legal-guide/texas-protections-sources-and-source-material