First Amendment

Originally Published February 19, 2008; Last Updated and Republished November 26, 2009:

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

Pod:

• UPDATED 11/26/2009 NPR Talk of the Nation, Former Reporter Evaluates Possible Shield Law (mp3) (transcript)

  Neal Conan talks with former reporter Toni Locy about a shield law for reporters and legislation (Free Flow of Information Act of 2009, S. 448) winding its way through the senate.

  The president is expected to sign shield law legislation.

Web:

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

-----notes-----

1. Locking Locy up interferes 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); interferes 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.