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Challenging freedom of the press in America foxnews.com.
Reporter Jana winter facing possible jail time.
As a Colorado judge wants her to name her source for an explosive story that she did about the accused of -- a movie theater murderer James Holmes.
All of this despite a state law known as a shield law.
That protects journalists.
Colorado's -- lost -- -- quote.
No news person shall without such news persons expressed consent.
Be compelled to disclose be examined concerning refusal to disclose be subject to any legal presumption of any kind or be cited.
Held in contempt punished or subjected to any sanction.
-- refusing to disclose information obtained while acting in the capacity.
-- his person.
From the pretty offensive.
Fox News senior judicial analyst judge in an apology -- -- how -- -- -- -- yeah I have.
Somehow -- first -- I'm excited because there are some loopholes so that law that you could drive a truck through.
Shortly following the the statement that you read it says except as follows and one of the as follows is.
When the courts need to know.
-- is greater than the reporters need to keep secret now and in the court could claim return when a judge here.
The court could claim that it's need to know is great you can't get into the judge's mind you don't know what that judges trying to figure out.
Think they can't put her on the stand and make her answer questions.
But they can put her in jail.
Until she does qualify up her source why they want to know the source.
The source presumably is somebody from law enforcement -- would have known about this notebook that -- really -- Go back this -- all of it's all about and notebook that James Holmes had.
There's obviously have the scene of the crime the great theater that you had his apartment right and she was able she was given information on his diaries and things that he wrote.
They had a gag order that came down and that the timing on when the gag order came down and when she revealed this story is one of the issues that will come -- or at all.
-- service that she performed the revelation of a true.
Is a profound good the public has a need and a desire to know it's a matter of material public interest.
And the question is what did the government know about James Holmes and when did it know it.
And we know from looking at these notebooks that the psychiatrist.
To -- the notebooks were delivered a government employee.
Knew about this and knew about his his deranged and mental state.
Before these killings and informed the police it is profound that the public knows that.
Without Jane is incredible work the public would not have known that so she.
Not only didn't do anything wrong she did a profound good by getting these notes and revealing their existence.
It's an event put her in jail hit the defense is saying that somehow that this information that was revealed -- that reporting.
Has made it difficult or impossible.
For her for their client -- -- to get a fair trial I don't.
Think so you know it it is the job of judges to find.
Twelve in this case -- or four alternates on the jury.
Who can put aside what they know about the case and and be truly fair and that's what judges do that's what judges are paid for I did this thousands of times and judges.
Judges know how to do this and they shouldn't be looking for a short -- the that -- the reason this is so important.
Is because without whistle blowers without the shield law without reporters protecting their sources.
When the government is involved we would have to rely exclusively on.
The government for this information the government is not very good about coming forward with information that makes it -- itself look bad.
And that's why reporters and their sources need to be protectors of our constitution is something.
About that or written it all night and you don't alert them about the constitution a little bit said thank you -- have this was a pleasure.
Right you know at first -- -- -- she can not -- just apologize excellent piece on this go to foxnews.com.
Slash free press fight.
And you can read where he has written about that on the website today thanks again Jack thank you.
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