The Public Has a Right to Know; Not the Government.

The Josh Wolf hearing did not result in his being held in contempt - only because the judge has more questions and wants more briefing from the attorneys. Most interesting is something the judge asked, as reported by the San Francisco Sentinel. U.S. District Judge William Alsup asked: "Since the press is constantly saying the public has a right to know, why is the press constantly saying it has a right to keep things secret?"

Perhaps he was playing the devil's advocate, but otherwise it demonstrates a great misunderstanding of why the media needs a shield law. The public has the right to know; not the government. The fact is if the government can always force reporters to turn over their confidential sources and unpublished materials as they investigate matters, then the media becomes little more than an investigatory arm of the government. If talking to the media or inviting them to your event is just like talking to the FBI or inviting the Department of Homeland Security to your event, then fewer people are going to do it. If that becomes the reality in this country then the public's right to know will be very much damaged.