A press officer has argued that he cannot disclose conversations held by the press officer during a controversial event because some of his conversations were made in confidence with reporters and disclosing them would violate the reporters' privilege.

The reporters' privilege belongs to the reporter, not the source. So a waiver of confidentiality may make such information nonconfidential and subject it to any access tests recognized under the relevant state or federal law. But that test really applies to obtaining the information from the journalist, not the source. Moreover, there is something impermissible about a press officer refusing to disclose statements from his office, which are presumptively public, by hiding behind the reporters privilege. Am I missing something here?

Your thoughts? Any CMLP staffer want to weigh in?