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The First Amendment Weakens

A federal judge today jailed a New York Times reporter for not revealing her sources for a story she was writing about the Bush administration's leak of an under cover CIA operative's name. (The story never made it to print)

Reporter Judith Miller refused to cooperate today in court and was immediately placed into custody. She's to stay there until she complies with the court's order, or is given permission by the source to reveal his or her identity.

Which may never happen. "Outing" an undercover agent is a felony under the Intelligence Identities Protection Act. So that person may not be very motivated to do Judy "a solid."

The New York Times' executive editor Bill Keller defended Judith's actions in the statement below:

Times Statement
July 6, 2005

Statement From Arthur Sulzberger Jr., chairman of The New York Times Company and publisher of The New York Times

"There are times when the greater good of our democracy demands an act of conscience. Judy has chosen such an act in honoring her promise of confidentiality to her sources. She believes, as do we, that the free flow of information is critical to an informed citizenry.

"It has been more than 25 years since Myron Farber, a Times reporter, was jailed and The Times was fined for refusing to provide the names of confidential sources. Subsequently, Mr. Farber and The Times were pardoned and the fines were returned. The case prompted many states to enact shield laws to protect journalists and to help ensure that the public receives information so important in a democracy. I sincerely hope that now Congress will move forward on federal shield legislation so that other journalists will not have to face imprisonment for doing their jobs.

"In the days, weeks and months ahead, The New York Times Company will do all that we can to ensure Judy's safety and continue to fight for the principles that led her to make a most difficult and honorable choice."

Source: The New York Times

So what do you think? Does Judith give up the source in the name of National Security? Or does she keep the source confidential and make a First Amendment stand?

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