A chilling day for the First Amendment

A chilling day for the First Amendment
Knight Ridder/Tribune News Service

(KRT) - The following editorial appeared in the Miami Herald on Thursday, July 7:

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The federal probe into the leak of an undercover CIA agent's name reached its absurd, illogical conclusion yesterday as reporter Judith Miller of The New York Times was sent to jail even though she never wrote a single word about this incident. The terrible irony is that Miller, who is accused of no crime, may be the only person who goes to jail in this tangled affair, thanks to an over-zealous prosecutor and the lack of a federal law protecting journalists with confidential sources.

Special counsel Patrick Fitzgerald, the prosecutor, insisted that Miller be jailed because he believes she has information about who leaked the name of CIA employee Valerie Plame, and Miller has refused to cooperate with the grand jury. But Fitzgerald has yet to demonstrate that a crime was committed, because Plame's identity may not be covered by the relevant legislation forbidding disclosure.

Still, this has not diminished his tenacity, a quality admirable among prosecutors going after big game but misplaced when applied with Draconian fervor in this instance. Fitzgerald even pushed for Miller to be sent to jail rather than serve her time under house arrest even though, as her attorney pointed out, prosecutors have traditionally shown respect for journalists and ``have had the good judgment not to push these cases very often.''

One likely and unfortunate result will be to benefit future cover-ups of government wrongdoing. Fitzgerald's insistence that no reporter has a right to promise confidentiality to any source at any time can only make whistle-blowers think twice before revealing knowledge of abuses of power by the government. This should send chills up the spine of anyone who believes that strong, aggressive reporting - the watchdog role of journalism - has been and continues to be indispensable to American democracy.

All of this underscores the need for Congress to pass a federal shield law similar to the legal protections that already exist in every state in the country except Wyoming. Two such proposals (HR 581 and S 340) are already in the works. The latter, sponsored primarily by Sen. Richard Lugar, R-Ind., would establish an absolute privilege for reporters seeking to keep the name of a source confidential. Among the co-sponsors is Florida's senior senator, Bill Nelson. We urge Sen. Mel Martinez to strongly consider adding his own name to this overdue proposal.

Judith Miller made a commitment to her source. She never said she was above the law. She is standing by her commitment, and paying the price for it. This is a principled and honorable stand. Potential whistle-blowers should take notice: Some reporters take the promise of confidentiality seriously, and are willing to go to jail if necessary to meet that obligation.

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© 2005, The Miami Herald.

Visit The Miami Herald Web edition on the World Wide Web at http://www.herald.com

Distributed by Knight Ridder/Tribune Information Services.
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Bill Summary & Status
HR581 Title: To amend Public Law 104-208 to provide that the President may make
funds appropriated for population planning and other population assistance ...
http://thomas.loc.gov/cgi-bin/bdquery/z?d105:H.R.581

Presto Vivace Blog: HR 581, The Anonymice Protection Act
HR 581, The Anonymice Protection Act. Free Flow of Information Act of 2005.
To maintain the free flow of information to the public by providing conditions ...
http://technoflak.blogspot.com/2005/03/hr-581-anonymice-protection-act.html

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