EmailEmail
PrintPrint
Better shield: Reporters need protection for confidential sources
Wednesday, March 26, 2008

Few people understand the press' historic role as a bulwark against tyranny. Even in the early days of the republic, the press was resented by those in power for daring to hold all three branches of government accountable to the people.

Former USA Today reporter Toni Locy, who lives in Canonsburg, is the latest victim of the effort to whittle down the First Amendment.

Previously a reporter for The Pittsburgh Press, Ms. Locy is one of six journalists subpoenaed for identifying Dr. Steven Hatfill as the prime suspect in the 2001 anthrax attacks based on confidential sources in the Justice Department. Mr. Hatfill was never charged, but he insists that the mere suspicion and subsequent investigation ruined his career.

He sued the federal government and petitioned U.S. District Judge Reggie Walton to compel Ms. Locy to reveal the names of all of her sources. Mr. Hatfill argued that his right to know the names of his accusers trumped Ms. Locy's right to withhold them.

Judge Walton imposed a $500-a-day fine that would have escalated to $5,000 a day if the U.S. Court of Appeals for the District of Columbia hadn't intervened. Though still under Judge Walton's contempt order, Ms. Locy at least doesn't have to worry about paying the fine out of her own pocket.

More than ever, the press needs and deserves a federal "shield law" to protect reporters like her from coercive sanctions from judges who would use the threat of financial ruin to compel cooperation. Such a law would also serve the public interest by enabling reporters to gather sensitive information through confidential sources.

Legislation that would do that -- the Free Flow of Information Act -- is not perfect, but would offer more protection than is available now. The House passed it in October, but the Senate version faces uncertainty.

If reporters like Toni Locy aren't free to report in the people's interest without fear of fines or jail, then a vigorous media will die. The ball is now in the Senate's court.

First published on March 26, 2008 at 12:00 am
EmailEmail
PrintPrint