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Well a Fox News reporter lands in legal trouble just for doing her job Jana winter.
Broke the story of the disturbing notebook kept by the alleged Dark -- shooter James Holmes now interest facing possible jail time if she does not reveal her sources.
Joining us -- -- way and this.
Major stories constitution attorney David Rifkin David thanks for thanks for coming on good to -- you I find this shocking I know -- a winner I think she's a tremendous reporter really won that one of the great shoe leather reporters in New York City.
How could this have happened she's doing what every reporter does she broke -- story an important story she's keeping her sources private everybody does that why -- facing jail to.
-- the problem is that states not all states have very robust.
Shield laws that are designed to protect reporters from testifying.
In such situation which is was very important First Amendment perspective California excuse me.
New York has what is known as an absolute -- law meaning reporting cannot -- our resources under any circumstances Colorado by contrast.
As a qualified -- law which basically requires the party moving what disclosure to exhaust the remedies to prove that these -- all the way to get the information.
And unfortunately the California.
Excuse me your course concluded that she should be sent to Colorado and in effect.
That the Colorado law applies here this whole story to me demonstrates that there is a need for a national solution.
Well the national media market -- of a federal law and infect provides the floor -- states.
Hopefully along the -- -- immunity grounds.
Just to recap Jana winter is the reporter who determined and learned through her sources did James homes of the alleged shooter had a notebook.
Filled with disturbing illustrations.
That -- threatening that he had sent to his.
Psychiatrist why would they judge compel her to reveal her source on that -- -- is that.
It you know public safety -- what's the rationale for forcing it.
-- Ellison and you're absolutely right and that shows you the problem with.
-- is officially protective shield laws.
But we clearly have a person who committed this crime homes behind bars what happen is the judge imposed a gag order.
And that gag order was violated presumably by the source that gave Jana.
Now what's happening now he's Holmes is lawyers I would go to a fishing expedition.
I'm trying to figure out which law enforcement official leaked this information because they alleged that to about knowing that.
Holmes cannot get a fair trial now I don't -- -- begrudge your fellow lawyer.
Make an aggressive argument but frankly it's a very weak arguments are here on the one -- -- have our First Amendment problem and over here we have a situation that really does not require this kind of remedy.
So in other words you're saying.
The public has this information that fact -- a judge and as a result he wants to put a reporter in prison.
That's always open to let's say no I mean that's great it's arguably -- happen in this country.
It is very unfortunate -- every hearing is in Wenzhou where help is not going to happen.
But again some blame of course also lies of homes -- lawyer that's the -- sooner.
Again their point is that we need to know who leaked this information otherwise he's not going to get a fair trial.
Offering to get -- get -- my hands are on this argument but again.
The solution is a strong national law would apply ball federal context the state context that would never putting your reporting and -- that's again.
By the way it's not -- winners fault I mean whether or not he gets it yeah.
Trial has nothing to do with her job as a reporter which she did well thank you very much -- -- really interest --
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