(RSF/IFEX) – RSF has welcomed a ruling by US District Judge Robert W. Sweet of Manhattan, New York, recognising the right of two “New York Times” journalists, Judith Miller and Philip Shenon, to protect the confidentiality of their sources. “This is just a small victory, as it is only a lower court ruling, and other […]
(RSF/IFEX) – RSF has welcomed a ruling by US District Judge Robert W. Sweet of Manhattan, New York, recognising the right of two “New York Times” journalists, Judith Miller and Philip Shenon, to protect the confidentiality of their sources.
“This is just a small victory, as it is only a lower court ruling, and other cases are still pending that are likely to weaken the confidentiality of sources,” RSF said. “But the ruling reaffirms one of press freedom’s inviolable principles and it is an encouraging development while we wait for the US Senate and House of Representatives to consider two bills that would guarantee journalists absolute protection of their sources before the courts,” the organisation added.
In his 24 February 2005 ruling, Judge Sweet said records of phone calls made by the two journalists did not have to be surrendered to federal prosecutors investigating a government leak in an investigation begun in 2001 into two Islamic charities suspected of links with terrorist groups. The judge based his decision on First Amendment privilege as interpreted in previous court rulings.
A lawyer for the Reporters Committee for Freedom of the Press explained that Miller and Shenon had phoned the charities to get their reaction to the fact they were the target of an FBI investigation. As a result, they were accused of alerting the charities to the investigation’s existence.
The attempt to seize the phone records was made by prosecutor Patrick Fitzgerald, who is also responsible for obtaining an 18-month suspended prison sentence against Miller and “Time” magazine reporter Matthew Cooper. Cooper and Miller were sentenced after refusing to reveal their sources in an investigation into a leak that disclosed the identity of undercover CIA agent Valerie Plame to the press (see IFEX alerts of 16 February 2005, 14 and 8 October, 13 and 11 August and 26 May 2004).
Some 10 journalists are currently been prosecuted in the United States for refusing to disclose their sources.
