I hate to assume that the current First Amendment firestorm is all politics, but the Rove revelation has me wondering. I believe that confidential sources are important in a free press, etc, etc, but the more I think about it (and, unfortunately, the more we know), the more I begin to agree with this editorial:
Reasonable people can disagree on the appropriate scope of journalistic privilege. But we should keep the legal question distinct from the ethical question: Is a journalist ever ethically permitted to break a promise and divulge a source? However we answer the legal question, the answer to the ethical must be a resounding yes.
Should Miller have refused to offer anonymity to all those “high-level†sources who sold us a bill of goods on Iraq? Yes.
If it becomes apparent to a journalist that a source lied to him on a matter crucial to the public good, should he be ethically permitted to expose the lie and the liar, despite any previous promises of confidentiality? Yes.
If a source with a clear political motivation passes along classified information that has no value for public debate but would endanger the career, and possibly the life, of a covert agent, is a journalist ethically permitted to “out†the no-good sneak? You bet. And if the knowledge that they can’t always hide behind anonymity has a “chilling effect†on political hacks eager to manipulate the media in furtherance of their vested interests, that’s OK with me.
As an aside, one article I read this morning stated that author was no fan of journalistic shield laws, because what happens if they’re repealed? Have we then conceded that the Constitution doesn’t protect journalists?