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       Friday, September 22, 2006

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Freedom of the Press

One of our most cherished freedoms is that of the press. The ability of the press to criticize whatever administration is in power, report on things done in secret, and even to investigate wrongs has long given the press a power that shapes the national destiny. One of the tools that has always been used is the protection of sources.
There is a very real and very important question over how far that protection extends. Now, a very emotionally charged case involving the Balco steroids grand jury is testing those bounds yet again. Two men, in their role as reporters, received sealed information. They have refused to reveal their sources and now face potential jail time.
The precedent set here goes way beyond this case. Someone committed a crime to divulge the information. By refusing to say who gave up the information the reporters are protecting a criminal. In this case it might seem the stakes are not overly high. The steroids investigation primarily affects people who make their livelihoods by playing a game.
Ultimately, this case will have a much wider impact. Suppose instead the sealed information related to a crime committed by a sitting President. Watergate comes to mind. Would another "Deep Throat" be too nervous to reveal information that needed to be divulged because he could be prosecuted when the reporters were forced to give him up? Would reporters not even pursue the investigation that far knowing the only way to get needed facts would be to potentially be forced to either commit a crime or betray a trust?
It is not an easy issue. It would be easy to say they should be prosecuted as accomplices for protecting a criminal act. But the price just might be too high.



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posted by Darth Weasel at 3:08 PM  

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