Saginaw News — Editorial: Mike Cox acts for public good

• By: ASNE staff
• On: 07/08/2008 12:58:34
• In: Shield law editorials

The Saginaw (Mich.) News
June 27, 2008

Michigan Attorney General Michael Cox deserves thanks.

Although not many know it, 49 states and the District of Columbia protect journalists from revealing confidential sources in their courts. Not so in federal courts. Some of those judges are using jail terms and large fines to force reporters to finger their confidential sources.

One of the most egregious cases is a recent one in which a former USA Today reporter is facing a personal $5,000-a-day fine for contempt of court. She won't tell who in the government told her about Dr. Steven Hatfill, a suspect in an anthrax investigation. He filed an invasion of privacy lawsuit against the feds a few years back after they named him a “person of interest” in the case. The fine is on hold depending on an appeal.

Still, $5,000 a day out of her own bank account? For protecting the public's right to know? The judge says she can't get the money from USA Today, her family or anyone else to help pay the fines. That's legalized extortion and a trend that's gaining steam in the federal justice system.

Backlash to the case, and others, led the U.S. House to pass -- 398-21 -- a federal “shield” Free Flow of Information bill last fall to protect reporters from this kind of thing. In the U.S. Senate, though, similar legislation is stalled. Its Judiciary Committee backed it 15-4, but no one can get the whole Senate to vote on it. The legislation has nonpartisan support throughout the nation, and both Sens. John McCain and Barack Obama back the bill.

Which brings us to Cox.

His own professional organization, the National Association of Attorneys General, likes the legislation and wants to send a letter to the Senate urging passage. Last week, Cox joined 30 of his colleagues to sign on. They need five more.

What that means is those 31 say no to jailing journalists, having them pay exorbitant fines or tattling on confidential sources, especially when the shield law makes exceptions to the immunity privilege in cases of law enforcement, national security or personal safety. And that it will protect only legitimate reporters. They know this is not a stay out of jail free card.

They also know that without the Free Flow of Information Act would come a chilling threat to investigative journalism -- the Associated Press Managing Editors organization mentions examples that never would've seen ink, such as conditions at Walter Reed Medical Center, the Enron scandal and steroid abuse in Major League Baseball -- and to whistleblowers. That is, the public trying to right wrongdoing.

It's good that Michigan's attorney general knows that. Let's hope he helps find those five more signatures.