Why We Need a Federal Reporter’s Privilege

Over the past year, I have publicly criticized members of the press for overstating their First Amendment rights and New York Times reporter Judith Miller for refusing to abide by the rule of law. When journalists disregard lawful court orders because they are serving a “higher” purpose, they endanger the freedom of the press itself. At the same time, though, the rule of law must respect the legitimate needs of a free press. A strong and effective journalist-source privilege is essential to a robust and independent press and to a well-functioning democratic society.

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