tv The Rachel Maddow Show MSNBC April 28, 2010 2:00am-3:00am EDT
come close. i don't think it gets to this point. but one of the concerns is this is going to be a bad case that makes bad law for journalists this is not the case that journalist want to fight these issues on. here you've got someone who is being paid not for information in a typical checkbook journalism case, but actually for property that belongs to someone else. that makes it even worse than most of these controversies. and i think what you're going to see, if this case goes forward, it may define what that standard is. and i think a lot of us who support press rights are very concerned how that might come -- turn out. >> so if it had been video of it that he had sold for some nominal fee or if no money had changed hands, just given them the phone what would have happened then? >> it would have been much better if he had just given them the phone. that certainly would have made gawker and gizmodo more
plausible in their argument that he was a source. and to protect their confidentiality. the problem with many of the laws they cite, including the federal law, is that exceptions have been made when you have an allegation of a crime. for example, in california, the grady case in 2006, apple lost that case against bloggers that were found to be covered by the law. footnote 8 of that case, the court said it isn't looking at this as an alleged criminal act, and it might not reach the same conclusion if it was. the federal law defines protected -- the protected sources of material by excluding material that is part of a criminal act. so, those laws really don't take them all the way, at least where they need to go to get out of this problem. >> at least apple got good publicity being involved in a raid against apple sort of consumers. that was a genius move too. jonathan turley of george
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