Time Inc.: When to Give Up a Source

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Another way in which this case differs from a typical one is that unlike in a traditional whistle-blower scenario in which a source is being protected from potential retaliation, the source or sources being protected in the Cooper case may well have been retaliating against Wilson. "This was leading into a blind alley," says Jim Wheaton, who teaches media law at Stanford University and the University of California, Berkeley. "If the Supreme Court had taken the case, it was likely to say there's no privilege, period." Jay Rosen, chairman of New York University's journalism department, understood the logic of Time Inc.'s ultimate decision. "I find it hard to get worked up into the same outrage as others about the Time decision, which seems to me to be a practical decision," he told the Wall Street Journal.

In the future, the best hope for journalists may be a federal shield law, now in Congress, which would let reporters keep sources confidential under any circumstances. Thirty-one states and the District of Columbia have shield laws, while 18 additional states have similar protections. A federal law has been proposed by Senator Richard Lugar and Representative Mike Pence of Indiana, who have signed up dozens of co-sponsors. It's not that legislators love the media. But when it comes to advancing their politics, legislators can be world-class leakers and could have as much to lose as journalists. --With reporting by Mark Thompson and Viveca Novak/Washington and Nathan Thornburgh/New York