Say whatever you want - claim 'confidential sources'

West Virginia's Supreme Court has ruled in favor of a newspaper in a dispute over confidential sources, but the decision will soon be eclipsed by a new state law barring disclosure of such sources in most cases.

The Supreme Court's May 2 ruling faulted Hustead for not following a standard set by a decision it issued in 1989. That standard says a reporter can't be compelled to reveal confidential sources "except upon a clear and specific showing that the information is highly material and relevant, necessary or critical to the maintenance of the claim, and not obtainable from other available sources."

Voiding Hustead's order, the justices required her to hold a hearing based on the 1989 standard. But while the Lincoln Journal's appeal was pending, the Legislature passed a law that replaces that standard.

Signed by acting Gov. Earl Ray Tomblin on April 4, the legislation protects a reporter's confidential sources until the information "is necessary to prevent imminent death, serious bodily injury or unjust incarceration."

The new law takes effect June 10. West Virginia becomes the 39th state to enact a reporter "shield law," according to the nonpartisan Reporters Committee for Freedom of the Press. When Tomblin signed the bill, the group noted that it "provides journalists with a nearly absolute reporter's privilege to refuse to disclose the identity of confidential sources."

http://www.dailymail.com/News/201105191135