Bill Description: House Bill 158 would protect media source confidentiality with exceptions.

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Does it violate the spirit or the letter of either the United States Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. conversely, does it restore or uphold the protections guaranteed in the US Constitution or the Idaho Constitution?

House Bill 158 would create Section 9-714, Idaho Code, to protect the confidentiality of media sources, with certain exceptions.

It says, "No person engaged in journalistic activities shall be compelled to disclose in any legal proceeding, trial before any court, or before any jury the source of any information procured or obtained and published in a newspaper, print publication, digital news outlet, or by a radio or television broadcasting station with which the person is engaged or employed or with which the person is connected."

It would also say, "No such person shall be compelled to disclose unpublished information, notes, or communications obtained or created through the course of newsgathering activities, except as required by law in cases involving national security or imminent physical harm."

Protecting media source confidentiality is appropriate, but the First Amendment should suffice. Additionally, such protections should apply to all people — including those who might share information through personal blogs or social media accounts — and there should be no broad exceptions. 

This bill takes a small step toward recognizing and protecting unalienable rights, but it could go much further.

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