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'We Shouldn't Be Putting Journalists in Jail': Fox News Reporter Faces Jail Time...

Kal'Stang

Kal'Stang

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'We Shouldn't Be Putting Journalists in Jail': Fox News Reporter Faces Jail Time Unless She Reveals Sources

In the summer of 2012, James Holmes shot and killed 12 people and injured more than 50 others at a movie theater in Aurora, Colorado. As the nation asked why, FoxNews.com reporter Jana Winter was the first to break the story about a notebook Holmes sent a psychiatrist that detailed his plans for the rampage.

Holmes’ attorneys say Winter must give up her sources regarding the notebook because the leaked information hampers their client’s right to a fair trial. Winter is hoping a judge will uphold New York’s media shield law, which protects journalists from revealing sources. If the judge doesn’t, she’ll have to return to a Colorado court where she faces possible jail time.
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I can't believe they want to put this woman in jail. Protecting ones sources, as a journalist, is an absolute MUST. Without that protection then NO journalist anywhere in the US would be able to do their job.
 
Re: 'We Shouldn't Be Putting Journalists in Jail': Fox News Reporter Faces Jail Time.

I'm all for shield laws and protecting sources, but this journal is also evidenciary.
Might be a way to protect the source and allow the journal to be used?
 
Re: 'We Shouldn't Be Putting Journalists in Jail': Fox News Reporter Faces Jail Time.

As far as I'm concerned, the journalist's obligation to protect their sources is as sacrosanct as the right of any person to not be compelled to give evidence against themselves.

If the evidence and an inability to impeach the source's credibility hurts the defense's case, the only outcome i'd find acceptable is that the journal gets thrown out.
 
Re: 'We Shouldn't Be Putting Journalists in Jail': Fox News Reporter Faces Jail Time.

TacticalEvilDan said:
As far as I'm concerned, the journalist's obligation to protect their sources is as sacrosanct as the right of any person to not be compelled to give evidence against themselves.

If the evidence and an inability to impeach the source's credibility hurts the defense's case, the only outcome i'd find acceptable is that the journal gets thrown out.
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No right is absolute. This isn't cut and dried; her rights conflict with the right of the accused to have a fair trial. Both are extremely important rights.

I don't know what the right outcome here is, but it's not black and white.
 
Re: 'We Shouldn't Be Putting Journalists in Jail': Fox News Reporter Faces Jail Time.

Harshaw said:
No right is absolute. This isn't cut and dried; her rights conflict with the right of the accused to have a fair trial. Both are extremely important rights.

I don't know what the right outcome here is, but it's not black and white.
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While I agree that no right is absolute, I am curious to know under what circumstances the authorities have been permitted to force someone to testify against themselves. I'm not talking about fingerprints or DNA samples, that's the collection of evidence via a warrant.
 
Re: 'We Shouldn't Be Putting Journalists in Jail': Fox News Reporter Faces Jail Time.

TacticalEvilDan said:
I am curious to know under what circumstances the authorities have been permitted to force someone to testify against themselves.
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What does that have to do with it?
 
Re: 'We Shouldn't Be Putting Journalists in Jail': Fox News Reporter Faces Jail Time.

Harshaw said:
What does that have to do with it?
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I likened her need to protect her sources with the individuals right to not be compelled to testify against themselves. Your response was that no right is absolute, and while I agree that made me wonder under what circumstances the authorities have been permitted to force someone to testify against themselves. Mental tangent, please feel free to ignore it. :)

How about throwing the journal out as evidence, does that strike the right balance between her rights and his?
 
Re: 'We Shouldn't Be Putting Journalists in Jail': Fox News Reporter Faces Jail Time.

TacticalEvilDan said:
How about throwing the journal out as evidence, does that strike the right balance between her rights and his?
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I don't know enough about the details of the case to say. Her first amendment claims wouldn't have much to do with it, because evidentiary standards are a separate concern. I don't see how you discard the state's evidence because of the defense's call for discovery. The defense isn't challenging the journal. The defense is calling for more evidence.
 
Re: 'We Shouldn't Be Putting Journalists in Jail': Fox News Reporter Faces Jail Time.

I don't think the argument that this impacts a fair trial holds water. How many times do you see a report from police or what not stating they used DNA to find a suspect. Or social media or some other evidence prior to a trial.
 
Re: 'We Shouldn't Be Putting Journalists in Jail': Fox News Reporter Faces Jail Time.

Fox doesn't want their reporters jailed, but Snowden, Manning, and Assange are fair game, right? All journalism needs protection, not just those backed up by a major corporation.
 
Re: 'We Shouldn't Be Putting Journalists in Jail': Fox News Reporter Faces Jail Time.

Harshaw said:
I don't know enough about the details of the case to say. Her first amendment claims wouldn't have much to do with it, because evidentiary standards are a separate concern. I don't see how you discard the state's evidence because of the defense's call for discovery. The defense isn't challenging the journal. The defense is calling for more evidence.
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For some reason I thought that they were trying to authenticate the notebook. Had that been the case, I think the appropriate balance between the defendant's rights and the reporter's role in a free society would've been to either verify the authenticity of the notebook through other means or toss it from evidence.

After watching the clip I see they're looking to see if they can catch one of the officials involved in this case in a lie.

I'm not really interested in knowing if one of 19 law enforcement officials told a lie. There's not even a guarantee that the culprit was one of them.

All you can really do here is all you can ever do when you're trying to put together an impartial jury -- try to screen for people who have been following the story and know anything about it.
 
Re: 'We Shouldn't Be Putting Journalists in Jail': Fox News Reporter Faces Jail Time.

I just thought of the perfect cover for a spy or someone prone to espionage.

Become an "investigative reporter."

Dig up dirt, secrets, weapon designs, classified information garnered from other spies, etc.

They can't touch you! How cool would that be?
 
Re: 'We Shouldn't Be Putting Journalists in Jail': Fox News Reporter Faces Jail Time.

Captain America said:
I just thought of the perfect cover for a spy or someone prone to espionage.

Become an "investigative reporter."

Dig up dirt, secrets, weapon designs, classified information garnered from other spies, etc.

They can't touch you! How cool would that be?
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Not exactly perfect as reporters distribute the information they gleen to the masses. Spies do not.
 
Re: 'We Shouldn't Be Putting Journalists in Jail': Fox News Reporter Faces Jail Time.

If she didn't work for FOX this wouldn't be an issue. The left wing imperialist would have tossed this already.
 
Re: 'We Shouldn't Be Putting Journalists in Jail': Fox News Reporter Faces Jail Time.

CalGun said:
If she didn't work for FOX this wouldn't be an issue. The left wing imperialist would have tossed this already.
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"Left wing imperialist?" Who would that be?
 
Re: 'We Shouldn't Be Putting Journalists in Jail': Fox News Reporter Faces Jail Time.

If you must ask glance in the mirror. I wouldn't want to say anyone is ignorant but not see left wing zealots in media and govt is serious blindness.


TacticalEvilDan said:
"Left wing imperialist?" Who would that be?
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Re: 'We Shouldn't Be Putting Journalists in Jail': Fox News Reporter Faces Jail Time.

Paschendale said:
Fox doesn't want their reporters jailed, but Snowden, Manning, and Assange are fair game, right? All journalism needs protection, not just those backed up by a major corporation.
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What an absurd comparison.
 
Re: 'We Shouldn't Be Putting Journalists in Jail': Fox News Reporter Faces Jail Time.

CalGun said:
If you must ask glance in the mirror. I wouldn't want to say anyone is ignorant but not see left wing zealots in media and govt is serious blindness.
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Would you please specify who you are referring to in particular with this particular use of the term "left wing imperialist?"
 
Re: 'We Shouldn't Be Putting Journalists in Jail': Fox News Reporter Faces Jail Time.

yeah, i'm against putting journalists in jail for not revealing sources.
 
Re: 'We Shouldn't Be Putting Journalists in Jail': Fox News Reporter Faces Jail Time.

annata said:
I'm all for shield laws and protecting sources, but this journal is also evidenciary.
Might be a way to protect the source and allow the journal to be used?
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Probably not, since it would be basically inadmissible without knowing from where it was obtained. Any defense lawyer worth a damn would have that thrown out in a second.
 
Re: 'We Shouldn't Be Putting Journalists in Jail': Fox News Reporter Faces Jail Time.

Kobie said:
Probably not, since it would be basically inadmissible without knowing from where it was obtained. Any defense lawyer worth a damn would have that thrown out in a second.
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The notebook itself is apparently not in question. According to the video it was originally given to Holmes's shrink. Also according to the video the judge and defense attorney thinks that one of the police witnesses leaked the notebook to the reporter. Which indicates to me that they had already gotten the notebook from the shrink (probably via a warrant I'd imagine). Which also indicates that the journal that the reporter got ahold of was more than likely just a copy of that notebook as I'm pretty sure a cop wouldn't give her the original...particularly if he actually is biased as doing so would hurt the case they have against Holmes.

What the judge and defense attorney are questioning is the credibility of one of the policemens witness testimony as leaking that notebook would apparently be an indicator of bias. That is why they want the reporter to name her source, to find out if one of those policemen are biased. Not to verify the validity of the notebook.
 
Re: 'We Shouldn't Be Putting Journalists in Jail': Fox News Reporter Faces Jail Time.

Kal'Stang said:
The notebook itself is apparently not in question. According to the video it was originally given to Holmes's shrink. Also according to the video the judge and defense attorney thinks that one of the police witnesses leaked the notebook to the reporter. Which indicates to me that they had already gotten the notebook from the shrink (probably via a warrant I'd imagine). Which also indicates that the journal that the reporter got ahold of was more than likely just a copy of that notebook as I'm pretty sure a cop wouldn't give her the original...particularly if he actually is biased as doing so would hurt the case they have against Holmes.

What the judge and defense attorney are questioning is the credibility of one of the policemens witness testimony as leaking that notebook would apparently be an indicator of bias. That is why they want the reporter to name her source, to find out if one of those policemen are biased. Not to verify the validity of the notebook.
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Ah, I see.
 
Re: 'We Shouldn't Be Putting Journalists in Jail': Fox News Reporter Faces Jail Time.

I'm sorry but I have no sympathy for Fox. You either fight to uphold the rights of the entire Press or you have no business crying when your own journalist's rights are being taken away. Demagoguery and suppression of political opponents has been the mainstay of Fox's rhetoric for years now. Yes, what happened to her was wrong, but that's what happens when partisan bickering causes people to not stick up for their opponents.

We've all heard, "I may disagree with you but I will fight for your right to say it," but how many people actually practice that in principle? How many are guilty of statism because they want the law to silence their political opponents? Fox is NOT innocent. They would not fight for the same rights of someone from CNN or any of their competitors. That is what corporate media has done to our free press.

It's karma, people. All of our rights are being encroached upon, including journalists, because partisans won't universally uphold the Constitution. Get used to it. As long as hypocrisy exist in our polity, the statists will exploit it. If you won't fight for others then don't expect anyone to fight for you when the authorities come knocking.
 
Re: 'We Shouldn't Be Putting Journalists in Jail': Fox News Reporter Faces Jail Time.

Sorry, but when did journalists become demi-gods and when did writing a story become more important than justice being served? I've always found it odd that if someone leaks confidential information to a reporter, the leaker is subject to criminal prosecution but the reporter, the person who publicizes the confidential information, has immunity.

If two people rob a bank, and one of the robbers murders a teller in the process, both robbers are charged with murder. If a person robs a jewelry store with the help of an employee of that store, both the robber and the employee are charged with the crime. If someone commits a crime with the assistance of a journalist/reporter, why aren't they accessories to the crime?

I strongly believe in an independent press to hold government to account, but I think we've gone well passed the line these days.
 
Re: 'We Shouldn't Be Putting Journalists in Jail': Fox News Reporter Faces Jail Time.

CanadaJohn said:
Sorry, but when did journalists become demi-gods and when did writing a story become more important than justice being served? I've always found it odd that if someone leaks confidential information to a reporter, the leaker is subject to criminal prosecution but the reporter, the person who publicizes the confidential information, has immunity.

If two people rob a bank, and one of the robbers murders a teller in the process, both robbers are charged with murder. If a person robs a jewelry store with the help of an employee of that store, both the robber and the employee are charged with the crime. If someone commits a crime with the assistance of a journalist/reporter, why aren't they accessories to the crime?

I strongly believe in an independent press to hold government to account, but I think we've gone well passed the line these days.
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What crime did this journalist commit in trying to uphold their free press rights and keep their source a secret?
 
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