Gotcha! Deciding When Sources Are Fair Game

This essay examines the issue of questionably obtained information in journalism, defined as information obtained in violation of source expectations. The analysis combines Ross's theory of variable-weight duties and the case-based method of casuistry to specify the duties involved in journalist-source interaction and the sorts of circumstances that may justify weighting these duties differently. A three-part test is offered for determining when journalists have reasonable grounds for occasionally using questionably obtained information. These conservative guidelines for justifying exceptions guard against arbitrary dismissal of legitimate source expectations. Meanwhile, several green light guidelines suggest strategies for preventing the problem of questionably obtained information.