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46 Occasional Papers L. Sch. U. Chi. [i] (2005)

handle is hein.journals/unchoocp46 and id is 1 raw text is: Occasional Paper #46 Testimony on a Proposed Journalist-Source Privilege to the Senate Committee on the Judiciary by Geoffrey R. Stone Harry Kalven, Jr. Distinguished Service Professor of Law October 2005 I am delighted to have this opportunity to share with the Committee my thoughts on a proposed federal journalist-source 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. The Nature of a Privilege The goal of most legal privileges is to promote open communication in circumstances in which society wants to encourage such communication. There are many such privileges, including the attorney-client privilege, the doctor-patient privilege, the psychotherapist- patient privilege, the privilege for confidential spousal communications, the priest- penitent privilege, the executive privilege, the Speech or Debate Clause privilege for members of Congress, and so on.

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