The public also has an interest in being informed about matters of public importance that may only see the light of day through the cooperation of sources who will not speak except on condition of confidentiality. The role of investigative journalism has expanded over the years to help fill what has been described as a democratic deficit in the transparency and accountability of our public institutions. There is a demonstrated need, as well, to shine the light of public scrutiny on the dark corners of some private institutions. In appropriate circumstances, accordingly, the courts will respect a promise of confidentiality given to a secret source by a journalist or an editor. The public's interest in being informed about matters that might only be revealed by secret sources, however, is not absolute. It must be balanced against other important public interests, including the investigation of crime. In some situations, the public's interest in protecting a secret source from disclosure may be outweighed by other competing public interests and a promise of confidentiality will not in such cases justify the suppression of the evidence.

Protection for journalists [JURIST news archive] continues to be a worldwide concern. Last month, Germany announced plans to enact legislation [JURIST report] meant to increase freedom of the press. In February, the Icelandic Parliament [official website, in Icelandic] began considering measures [JURIST report] aimed at increasing protections for journalists and promoting freedom of speech and transparency in government. Last December, the US Senate Judiciary Committee [official website] approved a bill [JURIST report] that would protect journalists' abilities to shield sources in federal court proceedings. Reporters Without Borders [advocacy website] ranked Iceland number one in press freedom in 2009 [2009 rankings], while ranking Germany eighteenth, Canada nineteenth, and the US twentieth.

The only apparent avenue of redress for plaintiffs' claimed injuries would be injunctive or declaratory relief against all possible President-elects and the President himself. But such relief is unavailable. Beyond the fact that plaintiffs fail to name future President-elects or the President in their suit, plaintiffs cannot sue all possible President-elects for the same reason they cannot sue all possible inaugural participants; as discussed, general injunctions are outside the judicial power. With regard to the President, courts do not have jurisdiction to enjoin him ... and have never submitted the President to declaratory relief.

In March, The US Court of Appeals for the Ninth Circuit ruled in another suit brought by Newdow that a teacher-led recitation of the Pledge of Allegiance in public schools does not violate the constitution [JURIST report]. The Ninth Circuit also upheld the use of the phrase "In God We Trust" on currency. Newdow originally sued to have the phrase "under God" removed from the pledge in 2000. The Ninth Circuit ruled in Newdow's favor in 2002, but the Supreme Court dismissed his case [JURIST report] in 2004 for lack of standing. Newdow also filed suit to ban the recitation of a prayer during the 2005 presidential inauguration, but that claim was rejected [JURIST reports].

Turkey has faced several obstacles as it works toward membership in the EU, including opposition to the constitutional reforms, its human rights record, its stance towards political parties, and tension [JURIST news archive] between the AKP and the military. Last month the president of Turkey's Supreme Court [official website, in Turkish] Hasan Gerceker [official profile, in Turkish] declared that the proposed amendments threaten separation of power and judicial independence [JURIST report]. Last year, the Constitutional Court of Turkey voted to ban [JURIST report] the Democratic Society Party (DTP) after finding the party had contacts with the Kurdish Workers Party (PKK) [GlobalSecurity backgrounder], a separatist, designated terrorist group. Turkish Prime Minister Recep Tayyip Erdogan [official profile; in Turkish] has sought to end Turkey's 25-year conflict [BBC report] with the PKK, which has been a major impediment to Turkey's bid to join the EU.

In 2008, several Russian gay rights activists were arrested [JURIST report] by police in Moscow for holding events commemorating the 1993 law that put an end to government prosecution for homosexual activity in Russia. It was the third consecutive year Moscow Pride [advocacy website] held events around the city to elude officials attempting to enforce a local ban on gay pride parades [JURIST report] that was put in place due to fears of violence. Other celebrations took place at a nearby monument to nineteenth-century Russian composer Pyotr Tchaikovsky, widely considered to have been a homosexual. Demonstration organizer Nicolas Alexeyev said the monument was chosen to "pay tribute to a person who was gay himself," but noted that the celebration had to be concealed because of societal disapproval for and "repressive" laws against granting parade permits to gay-rights activists.

Last month, the Kenyan Parliament [official website] unanimously approved [JURIST report] the draft constitution. The draft includes several significant checks on presidential authority, including a requirement that presidential appointees face parliamentary confirmation and the removal of presidential appointment of judges. Members of Parliament receiving Cabinet positions will also have to relinquish their legislative seats. The first draft of the constitution was unveiled [JURIST report] in November. The changes are intended to reduce the widespread injustice throughout the country, and specifically address issues that led to violence following the 2007 presidential elections [JURIST news archive].

Last week, Khadr refused to attend preliminary hearings relating to his pending murder and terrorism charges [JURIST reports], claiming he was being mistreated by military guards. The hearings were being held in order to determine if statements made by Khadr during his interrogation should be suppressed [JURIST report]. They were to be the last preliminary hearings before his US military commission [JURIST news archive] trial in July. Khadr's lawyers filed an emergency motion [JURIST report] in February in the Federal Court of Canada [official website] challenging the decision of the Canadian government not to seek his repatriation from the US [JURIST report]. The Supreme Court of Canada ruled [JURIST report] in January that the government was not obligated to seek Khadr's return to Canada despite having violated his rights under section 7 of the Canadian Charter of Rights and Freedoms [text].

Last month, two other SEALs were acquitted in connection with the alleged assault. Unlike McCabe, Petty Officer 1st Class Julio Huertas and Petty Officer 2nd Class Jonathan Keefe were tried in Iraq so that they could confront their accuser. Detainee abuse has been a major issue during the Iraq war, and the case against the three Navy SEALS has been seen by some critics as an attempt to compensate for other abuses like those at Abu Ghraib [JURIST news archive].

Among the examples Lieberman cited was the recent arrest of accused Times Square bomber Faisal Shahzad. Shahzad, a Pakistani-born US citizen has been charged [JURIST report] with five counts, including attempting to use a weapon of mass destruction, attempting to kill and maim people in the US, using and carrying a destructive device, transporting an explosive device, and attempting to damage building, vehicles, and other property. Shahzad's arrest has stirred up controversy [Capitolist report] over whether terrorism suspects should be read Miranda rights. Lieberman also cited the December arrest [JURIST report] of Nigerian national Umar Farouk Abdulmutallab, accused of attempting to set off an explosive device on an airplane bound from Amsterdam to Detroit on Christmas Day. Abdulmutallab, who was also read his Miranda rights, has entered a plea of not guilty [JURIST report].