A federal court panel decided today that two journalists must reveal their confidential sources to a grand jury in the case of the leak of an undercover CIA agent's identity to the media. If the reporters do not share their sources with the grand jury, they can be sent to jail.
The three judge panel's ruling was unanimous. The two reporters, Time magazine's Matthew Cooper and The New York Times' Judith Miller, now face the choice of testifying before the grand jury or going to jail if they fail to cooperate. The reporters could each face 18 months in jail if they fail to testify.
Ironically, Miller never even wrote an article about the case although she did do research and gather information with the expectation that she might.
The court's ruling stated, 'We agree with the District Court that there is no First Amendment privilege protecting the information sought.'
In general, reporters fear being forced to reveal confidential sources because it will stifle the flow of information to reporters and prevent them from uncovering important stories.
It is not certain whether the journalists would seek to appeal to the United States Supreme Court.