Assignment #5: Reporter's Priviledge

 To be a journalist reporting on news whether in the entertainment industry or the middle of a heated protest is important and can come with many challenges. Reporters take protecting the sources and confidentiality seriously, seeing as they need to be trusted in the field and by their audience. However, there have been times where journalists have found themselves being called to testify in court despite reporter’s privilege. According to the Reporters Committee for Freedom of the Press reporter’s privilege is defined as, “the right not to be compelled to testify to disclose sources and information in court- in each state and federal court.” Now that we are aware of what a reporter’s privilege is, the next portion is to understand who is covered under the privilege. When trying to define exactly what a report is things begin to get a bit cloudy. That classification depends on how they report as well as who they are reporting for.

I had to do quite a bit of digging to find this story on a New York Times reporter that was jailed back in 2005 after she refused to reveal her source. The New York Times reporter Judith Miller was called to testify after she reported on the name of a CIA operative that was leaked by another reporter. Miller was a Pulitzer Prize winner and worked in Iraq with military officers covering their stories. She had only reported on the matter, but had not even written an article on the matter, but was nonetheless called to testify about her source. The investigation was launched by the prosecutor because the leaking of the name of a CIA agent can be a federal crime. There was another reporter from Time Magazine by the name of Matthew Cooper in the situation as Miller, but after receiving a call from his confidential informant giving his permission to cooperate with the grand jury he did just that and was able to avoid jail time. Miller however did not receive a call like that, so she remained firm in her position of not revealing her source and was quoted as saying, “But I also know the freest and fairest societies are not only those with an independent judiciary but those with an independent press, publishing information the government does not want to reveal. If journalists cannot be trusted to guarantee confidentiality, then journalists cannot function and there cannot be a free press.” 

Despite letters from colleagues, the military officers she reported on and community members speaking on her kindness, but it was to no avail. Judith Miller spent a total of eighty-five days in jail before she was released as she was prepared to testify before a federal grand jury. Miller’s source sent her a waiver that was done personally and voluntarily allowing her to break the confidentiality between them. Miller was grateful to be free but made it clear that she was only cleared because he gave her full permission to testify and did not want to see her spend any more time in jail. Miller was proud that she stood on her principles as a journalist who believes fully in the pledge of confidentiality that she takes with her sources.