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A judge in Denver now says he will delay a final decision on whether to force a journalist.
To either reveal her sources or go to jail.
That journalist as foxnews.com reporter -- -- winter.
She could face up to six months in jail if she doesn't reveal the anonymous sources she used for an article on the Colorado Peter shoot it.
James Holmes of course is accused of killing twelve people and wounding seventy others in the shooting that happened -- a -- just after that attack.
-- -- winter wrote an article that detailed how before the -- This Holmes guys set a notebook to a psychiatrist the notebook that contained drawings of the massacre.
Homes lawyers say the sources who told her about that notebook violated -- gag order and they need to be disciplined.
-- -- winter won't say who we're sources are citing a -- obligation to protect confidential sources and the First Amendment that guarantees freedom of the press.
But the judge says there's something he needs to know before he decides what should happen to our journalist.
The fox she Clark Jonathan Hunt is with -- -- explain what it is the judge seems to need to determine.
First -- what the judge says he wants to know is whether the court decides at that no -- but no book on which John winter reported.
Is even admissible.
In the trial of James Holmes.
He says he has to have a complete -- what is he called it I'm proceed with caution because of John winters first amendment rights.
Shield lol which lays that specific criteria.
To protect reporters and that's sources listen.
It has to be -- to go to with substantial issue in the case it has to be sending you can't find out but any other means.
And the requesting party here mister Holmes in the defense have to show that their rights.
Outweighed their first amendment rights of both the reporter and the public.
I would argue that none of those requirements are met here this doesn't go to guilt or innocence.
That we do have no indication when will get a ruling on whether the notebook is indeed admissible in baffle.
John -- -- is gonna have to wait a little longer to find out whether she faces jail on -- -- that this really has implications for every report every single report because this goes directly.
To using confidential sources and using those kind of sources.
Is an important tool -- any reporter the reporters committee for freedom of the press which is a nonprofit association.
Has waiting filing in the affidavit in support of John a winter.
The committee's chairman Tony morrow who by the way is -- US Supreme Court correspondent for the national -- journey said quote.
When colts analytic guns go off to reporters' notes and sources.
It -- the ability of reporters to receive information.
In the public interest and that affects chills and not only the report in this case.
But others across the state and country the bottom line here.
If sources believe that they could be outed by the cold then not gonna go to reporters.
Reporters can't do investigative reporting.
Without those sort of confidential sources and that everyone says is a threat to the freedom of every single one of -- -- and we'll follow it obviously -- and thank you.
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