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The Newspaper Guild-CWA Scores Federal Government for Journalists' Prosecution

Washington, D.C. -- The U.S. Supreme Court's refusal to hear the case of two reporters facing jail time for refusing to testify about confidential sources is a major setback to one of the nation's core democratic principles, the public's right to know, said Linda Foley, president of The Newspaper Guild-CWA.

New York Times reporter Judith Miller and Time Magazine reporter Matt Cooper are facing up to18 months in jail and fines of $1,000 a day for refusing to identify sources regarding the disclosure of the identity of a CIA agent. Miller interviewed people but didn't write or publish a piece; Cooper wrote a story after the news broke in another publication.

Both Miller and Cooper are covered by contracts negotiated by TNG-CWA Local 31003.

"These two reporters have been singled out by federal prosecutors even though many others have covered the issue," Foley said. "That amounts to a selective determination about who is and who is not entitled to protection under the First Amendment. This can only further harm the public's right to know and weaken a key element of our democracy, freedom of the press," she said.

"This case in particular is being used as a way to censor journalists, and represents a real abuse of power that will have a chilling effect on reporters, and on the public's ability and right to know about the workings of its government," Foley said.

While 49 states and many countries recognize that journalists have a privilege to keep their pledges of confidentiality, some federal courts have refused to acknowledge such a right. Currently, there is no federal "shield law" that would safeguard reporters from being coerced to identify their sources.

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