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The Right to Protect a Source in 1887 Seattle

A landmark court ruling in Seattle established that a journalist cannot be legally compelled to reveal their sources, protecting the freedom of the press in the burgeoning territory.

The story, cleaned up

A cleaned-up reading of the newspaper page: spelling and layout repaired, one story lifted off a crowded page. It follows the original closely but it is not a transcription. The original page is below; read it if a detail matters.

A few days ago the case came up for trial, the plaintiff having filed a petition for divorce. In order to use the information which had previously been told to him, the defendant’s attorney of cruelty was furnished the proceedings of the previous trial to the newspaper. The reporter was asked to state where he had obtained his information concerning the trial. An objection was made, and after appeal, Judge Wilson, in whose court the second trial was held, gave his decision. The Court held that any information given a reporter in his capacity of a public journalist was considered a privileged communication. The judge had always viewed the law on this subject from a broad standpoint. In his opinion, it would be folly to compel a reporter to divulge the name of his informant. The public thirst for information on all topics is the reporter's incentive. If the informant were obliged to face the consequence of having his name appear in the newspaper, it would be impossible for any journalist to obtain any important information if the court held a right to inquire into the manner in which that information was obtained or what the name of the reporter's informant was. Judge Wilson said that such a policy and construction of the law would be a blow to the freedom of the press.

“The judge had always viewed the law on this subject from a broad standpoint. In his opinion, it would be folly to compel a reporter to divulge the name of his informant.”

— Printed in Seattle Daily Post-Intelligencer (Seattle, W.T. [Wash.]) 1881-1888, 1887
Then · 1887139 years apartNow · 2026

Long before modern shield laws, 19th-century Seattle judges were already wrestling with the balance between judicial discovery and the sanctity of source protection. This case highlights how essential the protection of whistleblowers and confidential sources has been to the function of a free press in Seattle since its infancy.

The original page

Seattle Daily Post-Intelligencer (Seattle, W.T. [Wash.]) 1881-1888, 1887-09-14. Library of Congress, Chronicling America.

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About this story

From
Seattle Daily Post-Intelligencer (Seattle, W.T. [Wash.]) 1881-1888, SEP 14, 1887, Page 2
Rights
Public domain
Place
47.60323, -122.33028 · placed automatically
The paper in the Library of Congress catalog ↗