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Well he can go to the witness stand but stay silent, i.e No Comment. He can be asked questions, but surely he can't be compelled to answer them.


Then he's getting locked up for contempt of court because he's refusing to comply with a lawful order from the judge.


Indeed. And there is a long and respectable history of journalists doing just that:

http://www.rcfp.org/jailed-journalists

The list is neither exhaustive nor particularly recent, but certainly it shows this is nothing new - there has never been protection for journalists who will not comply with a court order to reveal their sources.

The good ones will refuse to reveal them anyway, and face any consequences.


I fully agree. If James Risen testifies, his journalistic career is over. If I was a somebody like James Risen is[1], I would not even think twice before holding any court of law in contempt[2].

[1]: He is a Pulitzer-winning journalist. https://en.wikipedia.org/wiki/James_Risen

[2]: If you are reading this statement, you, your government, and anyone else hereby lose your right to sue me for any reason whatsoever to eternity.


Yes, and that's what journalists want to mean when they promise to protect their sources.

Now, a state might have a shield law (I believe most do), but they don't apply at the federal level. Anyways, that there is not federal shield law is why journalists generally make a big deal out of them protecting their sources. If it was a matter of course, a protection they were guaranteed, then it really wouldn't be a big deal. It would be a meaningless platitude.




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