The Utah Supreme Court upheld reporters' shield rule. Read our League presidents' letter, and the latest news articles:

Utah Supreme Court backs reporters' source shield rule
By Stephen Hunt
The Salt Lake Tribune
01/25/2008 06:39:06 AM MST

The Utah Supreme Court has adopted one of the strongest rules in the nation protecting reporters who refuse to identify confidential sources.
"It's a great day for Utah journalists and for the public," said media attorney Jeffrey Hunt on Thursday. "It's a recognition that without some protection for news sources, valuable information won't reach the public."
Chief Justice Christine Durham has not yet signed Rule 509, but the high court adopted the rule during a Wednesday meeting.
Hunt put Utah's rule in the top quarter of state shield laws or rules in 47 other states because he said it provides a "near-absolute" protection for confidential sources. A confidential source's name, or information that could lead to the source's identity must be disclosed only if it is necessary to prevent "substantial injury or death," according to the rule.
In many other states, the disclosure of confidential sources is decided by a balancing test: the need of the party seeking the information versus the interests of the free flow of information to news reporters.
Utah's rule also protects unpublished information, including notes, outtakes, photos, tapes or other data - the materials most often subpoenaed by police, prosecutors and defense attorneys, according to Hunt.
A federal counterpart to state shield laws is making its way through Congress. In October, the Senate Judiciary Committee passed the Free Flow of Information Act of 2007. Efforts to pass a national measure gathered steam after New York Times reporter Judith Miller was sent to jail for refusing to disclose the identity of undercover CIA agent Valerie Plame.
Media attorney Michael O'Brien called Utah's three-year rule-making process a cooperative effort by the news media, media lawyers, the attorney general, prosecutors and many others.
Utah Attorney General Mark Shurtleff said in a news release the rule will ensure the free flow of information to reporters, "which is so essential to open government and a democratic society."
Prosecutors were concerned the rule as initially proposed was overly broad. Paul Boyden, executive director of the Statewide Association of Prosecutors, had envisioned a murder trial scenario where a defendant's fellow gang member could tell a reporter that he committed the crime instead of the defendant.
Boyden said his concerns were assuaged by the addition of an advisory committee note explaining that the term "substantial injury" applies to more than bodily injury to a person.
shunt@sltrib.com

How Utah's Shield Rule Works:
A journalist cannot be forced to disclose confidential sources, except when disclosure is necessary to prevent "substantial death or injury."
* A judge may force disclosure of a reporter's unpublished information only after weighing the need of the party seeking the information against the societal interest of protecting the information.
* Once a judge determines sought-after information can be disclosed, the judge also must review the information in private before releasing it.

Utah top court OKs shield rule
By Geoffrey Fattah
Deseret Morning News
Published: January 25, 2008
The relationship between whistle-blowers and reporters in uncovering corruption has received significant protection by Utah courts.

On Wednesday, a majority of the Utah Supreme Court voted to approve Rule 509, Utah's first reporter's shield rule, which will protect reporters from being forced to divulge their sources and other sensitive information.

"It's a great day for journalists in the state of Utah, and it's a great day for the public," said media attorney Jeff Hunt, who represented a coalition of media outlets who worked with the courts to get the rule passed. The rule also has the support of Utah Attorney General Mark Shurtleff.

Deseret Morning News Managing Editor Joseph A. Cannon said it's good to have that reassurance that reporters will be able to seek out the truth. "We think it's a great day for the First Amendment," Cannon said.

Hunt said it was close to a three-year process which involved intense study of the issue by the courts, lawmakers, prosecutors and journalists. Some prosecutors objected to the proposed rule, saying it interfered with their ability to conduct investigations. In the end, the Supreme Court justices supported the press' concept that by giving journalists the ability to protect the identity of their sources, whistle-blowers would be more likely to come forward with accounts of corruption and abuse.

After a second round of public comment, which ended Tuesday, the state's high court moved swiftly to adopt the new rule.

"The rule protects whistle-blowers and allows them to come forward," Hunt said. "It also prevents lawyers from using journalists as one-stop shopping for all their information needs."

In the past, Hunt said, there have been examples of prosecutors attempting to get information from reporters rather than doing their own investigative work. Hunt said the danger in that is that reporters effectively become investigators for both prosecutors and private attorneys who are trying to build a case.

Cannon said across the country there have been examples of reporters being subpoenaed for their information, at times even jailed.

"Today is a banner day for the First Amendment in Utah," Shurtleff said Thursday. "A strong new evidentiary rule protecting the confidentiality of a reporter's sources will ensure the free flow of information which is so essential to open government and a democratic society."

Specifically, the shield rule protects reporters from being compelled to divulge confidential sources. The one exception is in extreme cases in which disclosure is necessary to "prevent substantial injury or death." The shield rule also protects unpublished work, such as a reporter's notes, drafts, outtakes, photographs and research materials.

"The rule was passed with considerable thought and dialogue between advocates for the public, the courts, the law and law enforcement," said Ben Winslow, president of the Utah Headliners Chapter of the Society of Professional Journalists. "It is not an absolute privilege but will ensure proper protections on all sides. This rule will keep with the spirit of a free flow of information in our society."

Passage of the rule means Utah has joined 47 other states, and the District of Columbia, which have similar legal protection for reporters. The shield rule is seen as providing some of the strongest protections to news reporters of any rule or law in the nation.

Although the rule has been adopted, it will take official effect when Supreme Court Chief Justice Christine Durham signs the order, which is expected to be within the next few days.

E-mail: gfattah@desnews.com
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