FOI Update: Federal appeals court rules against reporter’s privilege in James Risen case

A federal appeals court ruled July 19 that the First Amendment does not protect reporters from being forced to testify against confidential sources suspected of sharing unauthorized information with them, according to The New York Times.

This decision against the so-called reporter’s privilege came from the U.S. Court of Appeals for the Fourth Circuit in Richmond, Va. The court ruled James Risen, an author and a national security reporter for the Times, must testify against a former Central Intelligence Agency official charged with giving him classified information. Risen said he’s willing to go prison to protect his source, according to the Times.

The information was not for an article in the Times. It was for a chapter in Risen’s 2006 book, “State of War,” that portrays efforts by the CIA. under the Clinton administration to trick Iranian scientists as “reckless and botched in a way that could have helped the Iranians gain accurate information,” The Times said.

Chief Judge William Byrd Traxler Jr. justified the ruling by writing: “Clearly, Risen’s direct, firsthand account of the criminal conduct indicted by the grand jury cannot be obtained by alternative means, as Risen is without dispute the only witness who can offer this critical testimony.”

The 118-page decision comes one week after Attorney General Eric Holder announced new guidelines for leak investigations to supposedly tighten the circumstances for obtaining reporter’s records.

“It’s very disappointing that as we are making such good progress with the attorney general’s office and with Congress, in getting them to recognize the importance of a reporter’s privilege, the Fourth Circuit has taken such a big step backwards,” Gregg Leslie, the legal defense director for the Reporters Committee for Freedom of the Press, told the Times.

For more information about the case, read The New York Times article.

Kara Hackett is SPJ’s Pulliam/Kilgore Freedom of Information intern, a freelance writer and a free press enthusiast. Contact her at khackett@spj.org or on Twitter: @KaraHackett.

Email this to someoneTweet about this on TwitterShare on Google+Share on FacebookShare on TumblrPin on PinterestShare on Reddit

Tags: , , , , , , , ,


Newest Posts

Look outside the box to establish relationships with editors October 29, 2014, 6:35 pm
Finding antiquity in Manhattan, Kansas October 29, 2014, 3:00 pm
Wi-Fi can be hazardous to your health October 29, 2014, 11:53 am
Region 7 Career Connections, 10.28.14 October 28, 2014, 4:34 pm
A Newscast Producer’s Playlist October 27, 2014, 10:16 pm
Highlights through Oct. 22 October 23, 2014, 3:39 pm
Why Twitter should be a non-negotiable for journalists October 22, 2014, 9:31 pm

Copyright © 2007-2014 Society of Professional Journalists. All Rights Reserved. Legal

Society of Professional Journalists
Eugene S. Pulliam National Journalism Center, 3909 N. Meridian St., Indianapolis, IN 46208
317/927-8000 | Fax: 317/920-4789 | Contact SPJ Headquarters | Employment Opportunities | Advertise with SPJ