• September 25.2008

Reporters' confidential sources: The New York Times attacks

Posted by Bertrand Pecquerie on October 10, 2004 at 7:12 PM

If you have only one article to read on this blog today, read this one written by Arthur Sulzberger Jr, chairman and publisher, and Russell T. Lewis, chief executive, The New York Times. Here is the beginning of their article: "Last Thursday, a federal district judge ordered a New York Times reporter, Judy Miller, sent to prison (see former posting). Her crime was doing her job as the founders of this nation intended. Here's what happened and why it should concern you." But in my opinion, this affair could be seen as a real gift to The New York Times: a few weeks ago Judith Miller was in a very uncomfortable situation - it's an understatement - after her "revelations" about suspected weapons of mass destruction in Iraq... and now she becomes a hero defending press freedom! Well done! (Nevertheless, I have always considered the First Amendment as a fantastic tool to protect journalists and I agree with some of the article's statements).

Here is the main argument of Arthur Sulzberger Jr, chairman and publisher, and Russell T. Lewis, chief executive, New York Times top executives: "The founders of our democracy understood that our government was also a human institution that was capable of mistakes and misdeeds. That is why they constructed a First Amendment that would give the press the ability to investigate problems in the official branches of our government and make them known to the public. In this way, the press was sensibly put in a position to help hold government accountable to its citizens."

And now, the conclusion of NYT top executives and their main request to the American Congress: "An essential tool that the press must have if it is to perform its job is the ability to gather and receive information in confidence from those who would face reprisals for bringing important information about our government into the light of day for all of us to examine. Without an enforceable promise of confidentiality, sources would quickly dry up and the press would be left largely with only official government pronouncements to report.

To give meaning to the guarantees of the First Amendment and to thereby strengthen our democracy, it is now time for Congress to follow the lead of the states and enact a federal shield law for journalists. Without one, reporters like Judy Miller may be imprisoned. More important, the public will be in the dark about the actions of its elected and appointed government officials. That is not what our nation's founders had in mind."

Source: The New York Times. See also the Seymour Hersh's statement. Slate is close to the position adopted by the Editors Weblog... but the article was published later.

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