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Op-Ed Columnist: Our Not-So-Free Press

November 10, 2004
 By NICHOLAS D. KRISTOF 



 

Paging China! Help us! Urge the U.S. government to respect
freedom of the press! 

It does sound topsy-turvy, doesn't it? Generally, it's
China and Zimbabwe that are throwing journalists in prison,
while the U.S. denounces the repression over there. 

But now similar abuses are about to unfold within the
United States, part of an alarming new pattern of assault
on American freedom of the press. In the last few months,
three different U.S. federal judges, each appointed by
President Ronald Reagan, have found a total of eight
journalists in contempt of court for refusing to reveal
confidential sources, and the first of them may go to
prison before the year is out. Some of the rest may be in
prison by spring. 

The first reporter likely to go to jail is Jim Taricani, a
television reporter for the NBC station in Providence, R.I.
Mr. Taricani obtained and broadcast, completely legally, a
videotape of a city official as he accepted an envelope
full of cash. 

U.S. District Judge Ernest Torres found Mr. Taricani in
contempt for refusing to identify the person he got the
videotape from, and the judge fined him $1,000 a day. That
hasn't broken Mr. Taricani, so Judge Torres has set a
hearing for Nov. 18 to decide whether to squeeze him
further by throwing him in jail. 

Then there's Patrick Fitzgerald, the overzealous special
prosecutor who is the Inspector Javert of our age. Mr.
Fitzgerald hasn't made any progress in punishing the White
House officials believed to have leaked the identity of the
C.I.A. officer Valerie Plame to Robert Novak. But Mr.
Fitzgerald seems determined to imprison two reporters who
committed no crime, Judith Miller of The New York Times and
Matthew Cooper of Time, because they won't blab about
confidential sources. 

Federal District Judge Thomas Hogan is threatening to send
them to prison; a hearing is set for Dec. 8. As for Mr.
Novak, he is in no apparent jeopardy, for reasons that
remain unclear. 

Then there's a third case, a civil suit between the nuclear
scientist Wen Ho Lee and the government. Judge Thomas
Penfield Jackson held five reporters who are not even
parties to the suit in contempt for refusing to reveal
confidential sources. 

In yet another case, the Justice Department is backing a
prosecutor's effort to get a record of telephone calls made
by two New York Times reporters - uncovering all their
confidential sources in the fall of 2001. Put all this
together, and we're seeing a broad assault on freedom of
the press that would appall us if it were happening in
Kazakhstan. 

Responsibility lies primarily with the judges rather than
with the Bush administration, except for the demand for
phone records and for the appointment of Inspector Javert
as special prosecutor. But it's probably not a coincidence
that we're seeing an offensive against press freedoms
during an administration that has a Brezhnevian fondness
for secrecy. 

We journalists are in this mess partly because we're widely
seen as arrogant and biased, and we need to wrestle
seriously with those issues. But when reporters face jail
for doing their jobs, the ultimate victim is the free flow
of information, the circulatory system of any democracy. 

The Chinese government recently arrested Zhao Yan, a
research assistant for The New York Times in Beijing, and
the Bush administration has been very helpful about
protesting the case. Maybe Colin Powell can work out a
deal: the Chinese government will stop imprisoning
journalists if the U.S. government will do the same. 

Protecting confidential sources has been a sacred ethical
precept in publishing ever since John Twyn was arrested in
1663 for printing a book that offended the king. Twyn
refused to reveal the name of the book's author, so he was
publicly castrated and disemboweled, and his limbs severed
from his body. Each piece of his body was nailed to a
London gate or bridge. 

So, on the bright side, we have evidently progressed. 

In
May, Iran's secret police detained me in Tehran and
demanded that I identify a revolutionary guard I had quoted
as saying "to hell with the mullahs." My interrogators
threatened to imprison me unless I revealed my source. But
after a standoff, the Iranian goons let me go. Imprisoning
Western journalists for protecting their sources was too
medieval, even for them. Let's hope the U.S. judicial
system shows the same restraint as those Iranian thugs. 

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http://www.nytimes.com/2004/11/10/opinion/10kris.html?ex=1101094977&ei=1&en=b3d09b0a65fbeac9


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