Opening Argument – Should Reporters Go to Jail for Doing Their Jobs?
by Stuart Taylor, Jr.
This headline might seem to load the dice, in favor of creating a special privilege for us journalists to defy grand jury subpoenas demanding the names of our sources. But it really is that simple: Judith Miller, of The New York Times, and Matthew Cooper, of Time, will go to jail for contempt of court for as long as 18 months for refusing to betray their sources unless they win what look like uphill battles on appeal. Neither has done anything wrong or done anyone harm. Indeed, Miller wrote nothing at all about the matter in contention. Yet both face incarceration for honoring what any decent journalist would consider a cardinal professional and moral obligation. So do other reporters around the country who face a rising tide of prosecutorial demands for sources’ names.