1. Judges vs. Journalists 1 In wake of the President Being Reelected for four more years, a source comes forward with some interesting news about the Vice President. His Personal trainer, John Buffnstuff calls you and tells you that the VP was confided in him that he had used to smoke marijuana cigarettes in the 70’s, and asked if that would affect his cardio training. You interview J.B. and are writing the story when he calls you and asks to remain anonymous, so he won’t loose his job. Your editor refuses to print it without his name, and smelling fame, you cave in. J.B. loses his job as a result, the VP denies everything, saying he said they were his girlfriend Mary Jo Anna’s, not pot. J.B. is suing your paper for 1 million dollars.

2. Judges vs. Journalists 2 You are a freelance journalist, working under contract for the Salt Lake City Tribune. You meet with a source, who you swore you would not reveal, who tells you the location of major crack house in the aptly named neighborhood, ‘sugarhouse’. The Trib publishes your story on High-class Crack Addicts. The police, acting on your story, raid the house and find a dead body. They want you to reveal your source, they claim it is vital for the murder investigation. The murder goes to trial. The police interview 140 people in connection with the crime. Prosecution has asked the court to subpoena you and have you give your source. You are refusing.

3. Judges vs. Journalists 3 Paris Hilton was arrested in Park City for assaulting a freelance photographer by beating him with her purse. She is also being charged with animal abuse, as her dog was in the purse at the time. The judge declares that no photos are allowed to be taken in the court room, due to Ms. Hilton’s possible violent response and to protect her image. (Your editor thinks neither of these would hold up as rational in an appeal). You are reporting on the case, you snap a picture and it is on the front page of the City Weekly. You are charged by the court with contempt.

4. Why Protect Your Sources and Notes? Promises, Promises: Some sources won’t talk unless you promise them confidentiality. To renege on a promise is to risk a lawsuit filed by the source. Watchdogs, Not Lapdogs: The government should do its own investigation, not rely on your information. Journalists are watchdogs on the government, not lapdogs.

5. The High Costs of Protection Journalists who refuse to comply with subpoenas requesting notes and/or the names of confidential sources risk contempt and jail. Vanessa Leggett: Spent more than five months in jail in 2001 for refusing to turn over notes from an interview regarding a murder investigation. Leggett v. US

6. Failing to Keep A Promise: Promissory Estoppel & Civil Liability Cohen v. Cowles Media: The First Amendment does not shield journalists from lawsuits or civil liability when they breach promises of confidentiality to their sources. “This case... is... controlled by the equally well- established line of decisions holding that generally applicable laws do not offend the First Amendment simply because their enforcement against the press has incidental effects on its ability to gather and report the news.”

7. Promissory Estoppel The legal theory on which the plaintiff in Cohen v. Cowles Media prevails after journalists breached promises of confidentiality to him. The theory allows courts to enforce promises, even though there is no legally binding contract, in order to avoid injustice.

8. Promissory Estoppel: Four Key Elements A plaintiff usually must prove four basic elements in order to prevail in an action for promissory estoppel: 1. The defendant made a clear and definite promise to the plaintiff; 2. The defendant intended to induce the plaintiff’s reliance on that promise; 3. The plaintiff reasonably relied on the promise to his or her detriment; and 4. The promise must be enforced in the interests of justice to the plaintiff.

9. Sources of Protection For News Sources & Information 1. U.S. Constitution 2. State Legislation Seminal Supreme Court case: Branzburg v. Hayes Scope of protection varies depending upon the type of proceeding (grand jury, criminal case, civil case), the appellate jurisdiction in which the case in question arises, and the nature of the information. 31 states now have “shield laws” that provide varying degrees of protection to journalists who seek to keep confidential sources and information.

10. Newsroom Searches 1. Seminal Case Supreme Court case: Zurcher v. Stanford Daily 2. Critical Federal Law: Privacy Protection Act of 1980

11. The Contempt Power 1. Contempt 2. First Amendment Limitations 3. Collateral Bar Rule

12. Online Resource for Journalists Regarding Protection of Sources The Reporters Committee for Freedom of the Press has several very worthy online publications that can be found on its homepage. These include: Agents of Discovery: A Report on the Incidence of Subpoenas Served on the News Media www.rcfp.org/agents/index.html The Reporter’s Privilege www.rcfp.org/privilege/index.html