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WSJ: Two Reporters Now Face Prison For Contempt
Wall Street Journal ^ | June 28, 2005 | JOE HAGAN

Posted on 06/28/2005 5:39:25 AM PDT by OESY

In a major setback for proponents of the legal rights of journalists, the U.S. Supreme Court yesterday declined to hear the case of two reporters who have refused to cooperate with a grand-jury investigation....

Time magazine reporter Matthew Cooper and New York Times correspondent Judith Miller now face as much as 18 months in prison for civil contempt unless they comply with a lower-court order that they cooperate with a government investigation into the leak....

The Supreme Court's decision not to address the case has far-reaching implications for the rights of journalists in protecting unnamed sources from federal investigations. Reporters fear that their ability to interview sources that seek anonymity will be compromised because these sources will fear that the reporters could later be compelled to name them. The government's position has been that reporters shouldn't have special privileges allowing them to impede a criminal investigation.

Others had hoped that the court would take the case and perhaps clarify this murky area of federal law....

Forth-nine states and the District of Columbia either have laws on their books -- or case law precedents -- that shield journalists from revealing sources, and 34 states' attorneys general filed amicus briefs in support of the two journalists.

A U.S. district court judge and a Washington, D.C., circuit court of appeals, however, cited a 1972 Supreme Court case, Branzburg v. Hayes, which stressed that public interest in enforcing the law outweighed the right of reporters who have evidence of a crime to protect their sources. Lawyers for Time magazine and the New York Times argued that the 33-year-old case was outmoded in light of the large number of states that had adopted a privilege in the interim and shouldn't be allowed to override the First Amendment and federal common law....

(Excerpt) Read more at online.wsj.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; Government; News/Current Events; Politics/Elections
KEYWORDS: branzburg; cheney; cia; contempt; dalglish; fitzgerald; freedomofthepress; iraq; judithmiller; libby; matthewcooper; nbc; newyorktimes; novak; pincus; plame; reporters; reporterscommittee; russert; sulzberger; supremecourt; thomasfhogan; timemagazine; timewarner; uranium; washingtonpost; wilson; yellowcake
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Hark! More proof of the existence of a benevolent God.
1 posted on 06/28/2005 5:39:26 AM PDT by OESY
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To: OESY


:-)


2 posted on 06/28/2005 5:41:24 AM PDT by verity (Big Dick Durbin is still a POS)
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To: OESY
Maybe they could get Dan Rather to join them.
3 posted on 06/28/2005 5:42:23 AM PDT by Paladin2 (Don't Tread on Me; Live Free or Die)
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To: OESY
The government's position has been that reporters shouldn't have special privileges allowing them to impede a criminal investigation.

I'll probably get flamed for this but I do, for the most part, agree with this position.
4 posted on 06/28/2005 5:45:28 AM PDT by HEY4QDEMS
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To: OESY
Lawyers for Time magazine and the New York Times argued that the 33-year-old case was outmoded in light of the large number of states that had adopted a privilege in the interim and shouldn't be allowed to override the First Amendment and federal common law....

Liberals thought it was funny when Bob Novak was being threatened, now that 2 of their own are in danger, suddenly it's not so funny. Serves 'em right.

5 posted on 06/28/2005 5:45:33 AM PDT by Toddsterpatriot (If you agree with Marx, the AFL-CIO and E.P.I. please stop calling yourself a conservative!!)
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To: OESY

My faith has returned, not in the courts, but in God.


6 posted on 06/28/2005 5:45:37 AM PDT by TGOGary (I would blow my brains out before ever wearing a blue beret!)
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To: OESY

No more protecting thier own. Criminals. The leaker must be a democrat or these 2 "reporters" would have spilled their guts a long time ago. Any bet on who it is? Leaky Leahy? Sen. Depends.


7 posted on 06/28/2005 5:45:59 AM PDT by Ron in Acreage (It's the borders stupid! "ALLEN IN 08")
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To: Paladin2

I believe Rather would forge the Bible to have passages about GW in it.


8 posted on 06/28/2005 5:46:36 AM PDT by TGOGary (I would blow my brains out before ever wearing a blue beret!)
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To: OESY

They deserve this. No crime was comitted in the first place, but the liberals thought they could get W. So they pressed for an investigation, now it is hitting them and they are whining. Serves 'em right.


9 posted on 06/28/2005 5:47:53 AM PDT by Rodney King (No, we can't all just get along.)
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To: OESY

Lock em up, it will teach these 'editorialists' (I cant call them journalists)the downside of using anonymous sources.


10 posted on 06/28/2005 5:50:29 AM PDT by finnman69 (cum puella incedit minore medio corpore sub quo manifestus globus, inflammare animos)
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To: All

Always wondered when anonymous sources used; how do we know that the reporter isn't sitting at keyboard making this stuff up for his/her own political agenda?
If story is true and can be verified, why does one need anonymous sources; if story is not true and cannot be verified then it does not need to be in public domain.
Security reasons trumps privelage of the press anytime.
Media has been able to hide behind this mantra for along time without any consequences; its about time that one needs to be called on for national security reasons.
Jail time might be a good start in this case.


11 posted on 06/28/2005 5:51:49 AM PDT by MrsTn
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To: OESY

Couldn't happen to a better bunch.


12 posted on 06/28/2005 5:52:08 AM PDT by Brilliant
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To: All

Can anyone explain to me why it is that Novak wrote the article, but these two face jail time? What am I missing?


13 posted on 06/28/2005 5:53:36 AM PDT by Royal Wulff
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To: Royal Wulff

Maybe Novak is cooperating with investigators?


14 posted on 06/28/2005 6:05:58 AM PDT by nuffsenuff
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To: Royal Wulff
That was discussed on Fox & Friends. There was speculation that Novak gave them the information they wanted.
15 posted on 06/28/2005 6:08:44 AM PDT by mware ("God is dead" -- Nietzsche........ "Nope, you are"-- GOD)
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To: OESY

Now will see if the are willing to go to jail in order to protect Joe Wilson.


16 posted on 06/28/2005 6:20:25 AM PDT by funkywbr
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To: OESY
Reporters have all the legal rights of citizens. I think what we're talking about here are special privileges.

the legal rights of journalists,

17 posted on 06/28/2005 6:21:10 AM PDT by DManA
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To: OESY
Forth-nine (sic) states and the District of Columbia either have laws on their books -- or case law precedents -- that shield journalists from revealing sources

I doubt this is true. It's always been my general understanding that reporters do not have, and never have had, such a privilege. Nor should they.

18 posted on 06/28/2005 6:21:53 AM PDT by B.Bumbleberry
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To: OESY
Well, I would like to comment, extensively, on the various aspects of freedom of the press and how this case is a great encroachment...

But, all I can really come up with is...

" BBAAAAAAAAHHHHHHHHHHHHHAAAAAAAWWWWAAAAAAA!

19 posted on 06/28/2005 6:27:41 AM PDT by mattdono ("Crush the democrats, drive them before you, and hear the lamentations of the scumbags" -Big Arnie)
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To: finnman69
I can't stand the use of anonymous sources in stories. As soon as I read a quote from a unnamed source, I question the credibility of it's contents.
20 posted on 06/28/2005 6:33:46 AM PDT by jaydubya2
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