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Stickin' to it

New York Times writer unfairly jailed after maintaining confidentiality, journalism ethic

Just as there is a code of confidentiality between physicians and patients or attorneys and clients, so too is there a code among journalists that anonymous sources will be protected. Occasionally, however, this rule is tested - for example, by the revelation of the anonymous source "Deep Throat" from the Watergate scandal. Another more recent case is the jailing of New York Times reporter Judith Miller for withholding the name of a source during a grand jury investigation.

Miller was held in contempt of court and sent to jail last Wednesday by a federal judge for refusing to testify concerning the leak of the name of CIA operative Valerie Plame. This information was first revealed in a 2003 column by Robert Novak, a CNN contributor. Another reporter, Matthew Cooper from Time magazine, was also called to testify. His source, unlike Miller's, gave him a waiver of confidentiality so as to spare him jail time.

President Bush has expressed interest in finding the unidentified sources within his administration who disclosed this information. Bush's top political advisor, Karl Rove, has been fingered as one of the sources, although his lawyer denies this.

Whatever the outcome, the information obtained by the grand jury must not come at the expense of journalists. In these types of cases, no matter the risks, journalists can't give in.

When it comes to anonymous sources, word is bond. If anonymous sources can trust a reporter to keep their identities safe, then they are more likely to come forward with information. Therefore, the public sees benefits from this in the form of higher quality information.

Keeping sources confidential is a matter of principle. It is proper, even if the name of a source or other information is already in the open, making it a moot point for a reporter to withhold what they know.

When former FBI official Mark Felt came out as "Deep Throat," reporters Bob Woodward and Carl Bernstein confirmed this. However, it would have been more appropriate for them to decline comment on the matter. The fact that many years have past since Woodward and Bernstein promised to keep Felt's name secret is no reason to renege on that promise.

Miller, on the other hand, is doing the right thing. Yes, she will likely spend the next few months or so in jail, but at least she is making good on her word. She is setting a good precedent for other journalists as well.

It's unfortunate that her situation is overshadowed by other news such as the recent terrorist attacks in London. It has a great impact on the way information is disseminated and should be followed with interest.

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