>The question is, can 
>she defy a subpoena based on membership in the privileged Reporter class 
>that an "ordinary" person could not defy?

It seems like the real question is how membership in the class is determined.  
If anyone who's acting like a reporter in a certain context (say, Adam Shostack 
interviewing me for his blog) qualifies, then I don't see the constitutional 
problem, though it may still be good or bad policy.  If you've got to get a 
special card from the government that says you're a journalist, it seems like 
that's more of a problem.  

I guess other places where there's some right not to answer these questions 
exist, but they're mostly based on licensed professions.  I gather your lawyer 
or priest has much more ability to refuse to talk than your doctor or 
accountant, and that your psychologist has a shockingly small ability to refuse 
to talk.  Other than priest, though, all these fields are at least somewhat 
licensed by the state for other reasons, so that makes it easy to use 
possession of a license as a way to tell when someone really is a doctor, 
lawyer, psychologist, etc.  For constitutional reasons, that's not really true 
for journalists.      



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