In the final day of the present term, the U.S. Supreme Court declined to hear a case about a journalists right to keep an anonymous source a secret. The result is that two respected journalists may now be facing jail time.
The two reporters, Judith Miller of 'The New York Times' and Matthew Cooper of 'Time' magazine may be sentenced to serve 18 months in jail as they have exhausted their appeals.
The case centers around a leak in the Bush Administration about the identity of an undercover CIA agent, Valerie Plame. U.S. Attorney Patrick Fitzgerald demanded that the two reporters disclose the identity of their anonymous sources within the Bush Administration. The identity of the person who made the leak to syndicated columnist Robert Novak in 2003 has not been discovered despite a Bush administration investigation which has turned up nothing.
The story reported on by the two journalists was about the Bush Administration's attempts to get back at Plame's husband, Joseph Wilson, a former ambassador and critic of the president.
Ironically, Miller never even wrote a story about the situation but merely had discussions with various potential sources. Cooper did actually write an article.
The two reporters argued they could not do their jobs properly if they violated a pledge of confidentiality with sources that asked to remain anonymous. They have been supported by laws in 34 states and by news organizations throughout the country.
The court declined to hear the case without comment as is their custom.
Publisher Arthur Sulzberger Jr., of the 'New York Times' issued a statement saying, 'It is shocking that for doing some routine newsgathering on an important public issue, keeping her word to her sources, and without our even publishing a story about the CIA agent, Judy finds herself facing a prison sentence.'
In the same statement, Miller added, 'journalists simply cannot do their jobs without being able to commit to sources that they won't be identified. Such protection is critical to the free flow of information in a democracy.'
'Time' indicated it would seek a rehearing before the trial judge based on a change in circumstances since the initial hearing.
Right now, however, both Miller and Cooper are one step closer to serving 18 months behind bars.
