The upcoming court hearing in the case of Karen Read raises significant issues regarding journalistic confidentiality and legal ethics. Judge Beverly Cannone previously ordered the release of notes from reporter Gretchen Voss regarding her off-the-record interview with Read, who stands accused of a serious crime. Voss argues this order is overly broad, potentially jeopardizing journalistic integrity, as it may discourage sources from sharing information in confidence. Her broader concerns reflect the implications for journalistic practice if confidential notes are disclosed, emphasizing the need for protection of off-the-record conversations in investigative journalism.
I also firmly believe compelling me to turn over my off-the-record notes will also have a chilling effect on journalism more broadly by causing sources to decline giving investigative journalists important information off the record for fear that a court could order these interviews to be turned over too in light of this ruling.
The fact that Read sat for an off-the-record interview with a reporter does not automatically authorize the Court to order that the (unknown) contents of that interview be disclosed. To the contrary, courts have cautioned against efforts to make journalists the discovery agents for the government.
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