First Amendment

United States District Court Judge Reggie B. Walton will hold USA Today reporter Toni Locy in contempt if she refuses to disclose a confidential source.

This case cries out for a federal shield law—it also highlights a potential con and the difficult choices confronting judges in the absence of a federal shield law.

Steven J. Hatfill was handled shabbily by our government in its efforts to discover who mailed four anthrax letters from New Jersey shortly after 9/11. Hatfill has filed a federal lawsuit for damages to his reputation and career.

Locy reported on the anthrax story based on a confidential source that was promised confidentiality. Locy wants to honor her promise and Hatfill wants to discover what the source said and knows.

A federal shield law would provide guidance to Judge Walton in balancing the various interests involved in these difficult cases—guidance that would probably be welcomed?¹

Web:

• UPDATED 03/16/2008 Google->AP, Recently Subpoenaed Journalists. Subpoenaed for information concerning their confidential sources.
• Judge May Hold Reporter in Contempt

-----notes-----

1. Locking Locy up interfers with her first amendment right to speak or not speak (separate from and in addition to her right to remain silent in a criminal case); interfers with a lawful contractual promise between private individuals; harms the public when information is not made available that would otherwise be available, with anonymity or confidentiality; harms a reporter's ability to effectively and meaningfully report; may enable effective use of the judicial process to address a wrong or right.

The House has overwhelmingly passed the Free Flow of Information Act of 2007 (S. 1267) and it is awaiting passage in the senate.

Technorati Tags: federal shield law, reporters privilege, free flow of information act 2007, toni locy