Journalism and the First Amendment

Paper Summary:

This paper examines the ongoing legal issue regarding the right of journalists to protect their sources verses the government's right to know the name of the source in order to investigate a crime. The paper analyzes this issue from a governmental, political and sociological point of view by examining the case of Judith Miller, a journalist for the "New York Times", who refused to reveal the name of her sources even though it meant she would have to serve time in jail. The paper concludes that Miller's decision to refuse to reveal her sources was the right one and the best one for society. The paper also asserts that it is indeed frightening to think of all that might be perpetrated by the government and other organizations if the free flow of information to news reporters is allowed to be squelched by Supreme Court decisions such as the one made by the Supreme Court in the case of Judith Miller.

Table of Contents
Introduction
The Incident/Event
Judicial Action to Change the Restraint Placed on the Flow
of Information within Society
Social Science Perspectives of this Issue
Integrated Analysis and Conclusion
Discussion

From the Paper:

"It was reported in the Washington Post that Journalist for New York Times Judith Miller would be jailed for refusing to release her sources. The confidential conversations were with government sources. A federal appeals court ruled that the journalist must reveal sources or be jailed for contempt. Miller chose to be jailed. On July 1, 2005 the Washington Post reported that Time magazine had decided it would comply and 'hand over the notes of a reporter threatened with jail for refusing to cooperate with an investigation into the unmasking of a CIA operative....Time relented just days after the U.S. Supreme Court rejected appeals from its White House correspondent Matt Cooper and New York Times reporter Judith Miller, who have been locked in an eight-month battle with the government to protect their confidential sources." (Milton, 2005) The report further states. "The case represents one of the most serious legal clashes between the media and the government since the Pentagon Papers case more than 30 years ago." (Milton, 2005)"

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