White House errand boy Robert Novak and credulous New York Times reporters were burned by their sources. Should they be forced to name them?
By Eric Boehlert
As U.S. courts take an increasingly skeptical look at the long-held belief among journalists that they enjoy a special privilege when it comes to protecting their sources, two high-profile legal skirmishes are addressing that very issue. Unfortunately for advocates of a free press, these battles don't involve stirring instances of media courage, but stories that exemplify what many believe is wrong with journalism today.
"We often have to defend the principle of protecting sources on the least appealing grounds," says Geneva Overholser, a professor at the University of Missouri Journalism School and a former editor of the Des Moines Register. "We can't pick the circumstances. If we could, we'd pick cases prettier than this."
The press's working model for confidentiality has often focused on government employees who risk their careers in order to help uncover a gross injustice that would have otherwise remained hidden. Think of Daniel Ellsberg leaking the Pentagon Papers to the New York Times, or the Washington Post's Bob Woodward and Carl Bernstein protecting their Watergate sources more than 30 years later.
But what about sources who hide behind their confidentiality agreements and mislead reporters to score political points via the press? What about those who lie or break the law with their disclosures? As Los Angeles Times columnist Robert Scheer recently noted, the argument for confidentiality "is undermined by the increasingly common practice of government sources using reporters to spread falsehoods or discredit foes, knowing reporters will hide their identity."
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http://salon.com/news/feature/2004/01/22/confidentiality/index.html