2 Reporters Suffer Another Court Setback - Judith Miller of NYT and Matthew Cooper of Time
And now, though it's about time for some of you to be waking up, I'm heading off to bed. Have a good day!
Good morning.
It has always been a fact that judges stick together. There is the feeling that if a witness, defendant or prosecutor can defy a court order in one court he can do it in all courts. So when a judge issues an order other judges tend to back up that order.
The one exception was the media and its refusal to testify about its sources. There are times when such refusals have fit a courts own agenda and it has been upheld. There were times when courts feared the media involved and gave in to the medias claim of immunity.
There was a time when the New York Times and Time magazine had great power. They could on a whim destroy a politician or a judge
But the media is not what it used to be. It is not a monolith. If one takes on the the New York Times one does not automatically engage the wrath of the Wall Street Journal. Ruling against the New York times may in fact garner support from talk radio and much of the INTERNET.
In essence the courts have become more powerful. They do not fear the media.. because on any given ruling the media is likely to be split. This will result in reporters from all forms of media having less ability to do as they please.
What I think will happen in today's international media world, is Reporters may give their source as a reporter from another nation. This layered source technique would have as a root source a reporter over which American courts have no power. When the judge says reveal your sourc, a reporter jsut points to a person or organization over which the court has no jouriscition.
What can a judge do if after issuing a gag order the information shows up on a web site originating in Russia or China? What I am saying is the leaks will start to surface first in international "news" organizations ...The leak will be first published out of the nation and than that foreign report will be quoted in the media in the USA.
The future control of information will largely be out of any governments hands if more than a few people in government know the information. Only one would have to have a differing agenda.
I think these current reporters are apt to get house arrest for a while.
The leakers will likely start to use international intermediaries between the themselves and the reporter. The intermediary would be a person not subject to United States Courts.
At least if I were still in the media that's how I would cover my rump. If a leaker in the government came to me, I would send leaker (X) to my trusted international buddy (y). Then I could truthfully testify that everything I knew about the situation I got from Y.