State Supreme Court OKs new rule protecting journalists' sources
This is an archived article that was published on sltrib.com in 2008, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Posted: 12:07 PM- The Utah Supreme Court has adopted one of the strongest rules in the nation allowing reporters to refuse to identify confidential sources.

"I'm thrilled. 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."

The high court approved the rule during a Wednesday meeting. Chief Justice Christine Durham has not yet signed the rule, but Hunt said he expected that to happen within the next few days.

Utah Attorney General Mark Shurtleff said in a news release the rule will ensure the free flow of information, "which is so essential to open government and a democratic society."

The rule allows journalists to refuse to reveal confidential sources, even if they are called to testify in court, according to media law experts.

It also protects both published and unpublished material, including notes, photos, tapes or other data - which are the sort of material most often subpoenaed by police, prosecutors and defense attorneys, Hunt said

Media attorney Michael O'Brien called the three-year rule-making process a cooperative effort by the news media, media lawyers, the Attorney General, prosecutors and many others.

"It is a classic example of how sincere people can resolve their differences in a mutually-beneficial manner by communication and compromise," O'Brien said.

shunt@sltrib.com

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