Kirtley Quoted in American Journalism Review
Prof. Jane Kirtley is quoted in "Kind of Confidential," in the June/July 2007 issue of American Journalism Review. The article discusses the emerging law narrowly interpreting journalists' rights to protect confidential sources. Prof. Kirtley described how judges' skepticism about a constitutional privilege is effectively turning reporters into investigative arms of the government who should consider issuing "Miranda" warnings to their sources. She distinguished the attorney-client relationship from the reporter-source relationship, which many argue should only be protected when the source is engaged in whistleblowing or otherwise making a revelation that is in the public interest. "Who the source is or what the source's motive is really irrelevant to the situation. As a lawyer, Kirtley said, 'my client can be an ax murderer, and it doesn't matter, the privilege still attaches.'"