SPJ leaders: Latest contempt ruling
demonstrates need for federal shield law
INDIANAPOLIS - Leaders of the
Society of Professional Journalists say a federal judge's ruling Tuesday
to hold a former USA Today reporter in contempt of court further
illustrates the dire need for a federal shield law.
Judge Reggie B. Walton found
Toni Locy in contempt of court for refusing to name the confidential
sources who shared information about former Army scientist Dr. Steven J.
Hatfill - who was considered a person of interest in the 2001 anthrax
attacks.
"The ability of
journalists to promise their sources confidentiality, and have sources
understand that that promise will be honored, is crucial to the process of
reporting important information to the public," said SPJ President
Clint Brewer. "The Federal Media Shield Bill is a vital step for
champions of the First Amendment and a free press to ensure that
journalists will not be jailed by the government for doing their
jobs."
The judge declined to
recognize any common law privilege that would have permitted Locy to
shield her source's identity. He then imposed an escalating fine that
starts at $500 and goes up to $5,000 for every day Locy refuses to comply.
Even more distressing is that the court is also considering Hatfill's
attorneys' request to bar anyone, including her employer, from paying
Locy's fines or compensating her for her payments.
"It's outrageous that a
judge would want to fine a reporter up to $5,000 a day to give up
information she can't remember, that is available from other sources, and
that doesn't rise to the level of importance that is necessary for
forceably revealing confidential sources," said David Cuillier, SPJ's
Freedom of Information Committee chairman. "This is a prime example
for why Congress should approve a federal shield law. Useless witch hunts
chill the flow of crucial public-interest information, which ultimately
hurts democracy and American citizens."
The U.S. House of
Representatives passed its version of a federal shield law (H.R. 2102) in
October. The Senate version (S. 2035) also passed out of the Senate
Judiciary Committee in October and now awaits a floor vote.
"SPJ encourages its
members and journalists everywhere to make known their feelings on the
federal shield bill by calling their own members of Congress and letting
them know as constituents that a free press is vital and important to our
country," Brewer added. "SPJ will also continue to support this
effort on behalf of its members and journalists everywhere."
SPJ, the nation's most
broad-based journalism-advocacy organization, has raised more than $30,000
since 2006 to support a campaign for the passage of a federal shield law.
Founded in 1909 as Sigma Delta Chi, the Society of Professional
Journalists promotes the free flow of information vital to a well-informed
citizenry; works to inspire and educate the next generation of
journalists; and protects First Amendment guarantees of freedom of speech
and press. For further information about SPJ, please visit www.spj.org.
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