Hat tip to the How Appealing Law Blog :
As federal judges order more reporters to disclose their confidential sources, news organizations are pinning their hopes on congressional passage of a media shield bill the Bush administration opposes as a threat to national security.
The legislation being considered in the Senate offers only modest shelter for reporters wanting to protect the identity of confidential sources. In many cases, it would leave the fate of journalists - and their sources - to the discretion of judges who increasingly have been willing to jail or fine them.
Out of nine high-profile cases since 2003 where journalists were ordered to reveal information, four might have turned out differently had the proposal awaiting Senate action been law.
For them and dozens of other reporters subpoenaed for confidential information or the names of those providing that information, judges generally would have to weigh the "public interest" of the media reports; that is a legal analysis many judges already do. They would retain the power to jail reporters who refuse to name sources who leak information involving national security.
~ read on... ~
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