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UPCOMING EVENTS: Jailing the Messenger
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With Judith Miller in jail and subpoenas directed to journalists and news-gathering organizations on the rise, PEN American Center hosts a public program exploring the growing conflict over reporters’ privilege.  |
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ACTION: Write to Congress in support of federal shield act
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PEN strongly supports legislation now pending in the U.S. Congress to extend to journalists at the federal level the same protections they enjoy under laws effective in 49 states and the District of Columbia. These state “shield laws” 1) ensure that journalists can honor assurances of confidentiality for sources; and 2) define the circumstances under which law enforcement, prosecutors, and others may compel journalists to surrender confidential information or material. These laws work well and have strong support at the state level, both from press advocates and prosecutors: 34 State Attorneys General filed an amicus curiae brief on behalf of Miller and Cooper asking the Supreme Court to hear their case and supporting federal shield protections for journalists. The Free Flow of Information Act of 2005, which is currently before Congress, would protect Miller, Cooper, and other journalists in their position.
That the United States will now join the company of nations in which journalists are imprisoned for carrying out their work has set off alarms in the United States and around the world. Eduardo Bertoni, the Special Rapporteur from the Freedom of Expression of the Inter-American Commission on Human Rights, said in a statement released in July:
"In furtherance of the public’s right to information, it is imperative that journalists retain the right to confidentiality of sources. This concept is supported by Principle 8 of the Declaration of Principles on Freedom of Expression of the IACHR, which asserts, “Every social communicator has the right to keep his/her source of information, notes, personal and professional archives confidential. The right to confidentiality is essential to a journalist’s work in performing the important public service of collecting and disseminating information. The threat of legal action against journalists and/or their sources will ultimately produce a chilling effect on news media and will lead to a less informed general public. The Special Rapporteur is concerned that without legal guarantees of a journalist’s right to confidentiality, freedom of the press in the United States is at risk."
We need your help today! Please write your U.S. Senators and Representatives today to urge them to pass the Free Flow of Information Act of 2005. |
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ACTION: Join International PEN in demanding the release of Judith Miller
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This Rapid Action Network appeal was distributed by Internationl PEN in July 2005:
The Writers in Prison Committee of International PEN is deeply
concerned by the imprisonment on 6 July 2005 of journalist Judith
Miller for her refusal to reveal a source to a Grand Jury. Miller, a
reporter for the New York Times, was sentenced to imprisonment until October--or until she reveals the source--by District Court judge Thomas Hogan.
The order stems from an investigation Miller carried out into a leak
which led to the uncovering of the identity of CIA operative Valerie
Plame. Miller did not publish the results of her investigations but was
still found to be in contempt of court for her refusal to name the
individual/s she interviewed during her research.
The Plame story broke in July 2003 when syndicated columnist Robert
Novak revealed her identity as a CIA agent. He cited two "senior
administration officials" as his sources. Plame's husband, former
diplomat Joseph C. Wilson IV, had previously published an article in
which he questioned the Bush administration over their claims Iraq had
attempted to purchase materials for its alleged weapons programme from
Niger. The leaking of Plame's identity has been seen as retaliation by
government officials for the article. Both Miller and Time magazine's Matthew Cooper followed up Novak's claims, Cooper publishing an article in Time about the affair.
Cooper was also subpoenaed to appear before the Grand Jury, which is
attempting to discover whether government officials committed a crime
by revealing Plame's identity but announced that, unlike Miller,
he would cooperate with the proceedings since his source had apparently
given his consent. Time has also agreed to hand over materials relating
to the story.
Novak has not been charged or ordered to testify publicly before the Grand Jury.
Miller and Cooper were originally detained on charges of contempt of
court on 7 October 2004 and 13 October 2004 respectively. Judge Hogan
ruled that they should be jailed until they agreed to testify but both
were permitted to remain free pending an appeal. With the refusal of
the U.S. Supreme Court to hear the case, the appeal failed.
International PEN repudiates the action taken by the United States
authorities who have refused to recognise the sanctity of journalists'
confidential sources. PEN is also deeply concerned that such action
will have the effect of dissuading individuals who do not wish to be
identified from talking to journalists, thus hindering greatly the
public's freedom to access information. PEN calls for the immediate
release of Judith Miller and for the ending of the practice of obliging
journalists to reveal their sources.
Please send appeals:
* Calling for the immediate release of Judith Miller;
* Urging the U.S. authorities to desist from the practice of forcing journalists to reveal confidential sources.
Send appeals to:
Patrick J. Fitzgerald
U.S Attorney
Attorney's Office
219 S. Dearborn St., 5th Floor
Chicago, IL 60604
United States of America
Fax: (312) 353-2067
[Fitzgerald is the special counsel in the Plame case and is overseeing investigations.]
Copies of appeals should also be sent to the U.S. representative in your country.
Please see also Judith Miller's web site: www.judithmiller.org
For further information, please contact Dixe Wills at International PEN
WiPC, 9/10 Charterhouse Buildings, Goswell Road, London EC1M 7AT, U.K.
Tel: +44 (0)207 253 3226; Fax: +44 (0)207 253 5711; e-mail: dwills@wipcpen.org |
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