Congressional Digest

Congressional Digest December 2005 No. 10 Vol. 84
Journalistic Privilege

Journalistic Privilege

Confidentiality of Reporters' Sources

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Excerpt

In the summer of 2004, Federal prosecutor Patrick Fitzgerald subpoenaed two reporters – Judith Miller of the New York Times and Matthew Cooper of Time magazine – in connection with of an investigation into the possible illegal exposure of a covert Central Intelligence Agency (CIA) operative.
Both reporters refused to divulge their sources for information about who may have leaked the CIA agent’s identity. In July 2005, Cooper agreed to comply with the court order after his source released him from the promise of confidentiality. Miller was jailed for 85 days for her unwillingness to testify.
In February of this y…

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Should Congress Pass the Free Flow of Information Act?

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