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TNG-CWA Scores Government for Journalists
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 faces up to 18 months in jail and a fine 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. Time magazine gave into pressure from prosecutors to turn over notes taken by reporter Matt Cooper, over Cooper's objection. Cooper also was willing to face jail time to protect his source.
With the Supreme Court refusing to hear arguments, the case goes back to a federal judge who will determine fines and sentencing. 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.
Currently, 49 states and many countries recognize that journalists have some privilege to keep their pledges of confidentiality, but 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, although legislation to establish a federal safeguard has been introduced in Congress.
Separately, a federal appeals court has upheld civil contempt of court findings against four journalists who have refused to reveal their sources for stories about former nuclear scientist Wen Ho Lee.
The four reporters - H. Josef Hebert, Associated Press; James Risen, New York Times; Robert Drogin, Los Angeles Times, and Pierre Thomas, formerly of CNN and now of ABC - face fines of $500 a day.
In his lawsuit, Lee is seeking information about the identity of government officials or others who leaked information that resulted in his being fired from Los Alamos National Laboratory in New Mexico and indicted on 59 felony counts.
He spent nine months in solitary confinement and pled guilty to one charge; a federal judge apologized to Lee for the harsh and unfair treatment he suffered.
New York Times reporter Judith Miller faces up to 18 months in jail and a fine 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. Time magazine gave into pressure from prosecutors to turn over notes taken by reporter Matt Cooper, over Cooper's objection. Cooper also was willing to face jail time to protect his source.
With the Supreme Court refusing to hear arguments, the case goes back to a federal judge who will determine fines and sentencing. 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.
Currently, 49 states and many countries recognize that journalists have some privilege to keep their pledges of confidentiality, but 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, although legislation to establish a federal safeguard has been introduced in Congress.
Separately, a federal appeals court has upheld civil contempt of court findings against four journalists who have refused to reveal their sources for stories about former nuclear scientist Wen Ho Lee.
The four reporters - H. Josef Hebert, Associated Press; James Risen, New York Times; Robert Drogin, Los Angeles Times, and Pierre Thomas, formerly of CNN and now of ABC - face fines of $500 a day.
In his lawsuit, Lee is seeking information about the identity of government officials or others who leaked information that resulted in his being fired from Los Alamos National Laboratory in New Mexico and indicted on 59 felony counts.
He spent nine months in solitary confinement and pled guilty to one charge; a federal judge apologized to Lee for the harsh and unfair treatment he suffered.