2 Comments

1. 

   greymaiden September 23, 2009 at 17:22

   I’ve always wondered how confidentiality becomes a first amendment issue. The government is not abridging a journalist’s right to publish anything, just reserving the right to ask the journalist further questions about what they publish.

   There may be a certain utility in protecting the confidentiality of journalistic sources, but it is not a constitutional issue.

2. 

   avdi September 25, 2009 at 14:37

   Because of chilling effects. A subpoena isn’t just asking, it’s asking coercively. The prospect of being put in contempt of court for protecting your sources has a way of discouraging people – ESPECIALLY amateur media people – from publishing in the first place.

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