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Politico: Supreme Court May Get Reporter's Privilege Plea

New York Times reporter James Risen has asked the Fourth Circuit to put on hold its ruling denying that a reporters privilege applies in a criminal case in which he could be forced to testify, Politico reports. Meanwhile, Risen will seek for the U.S. Supreme Court to take up the issue.

The underlying criminal case involves former CIA officer Jeffrey Sterling, who "has been indicted for leaking Risen information about a CIA operation to provide Iran with flawed nuclear designs as part of an effort to set back that country's alleged nuclear weapons program," according to Politico.

Risen has vowed to go to jail before revealing who his source was.
 

Judge Lifts Prior Restraint on Identities of People Implicated in Interest-Rate Scandal

The Wall Street Journal will now be able to report the names of individuals that British prosecutors plan to implicate in a criminal case alleging that they were involved in a scheme to manipulate "benchmark interest rates," that paper reports today. The judge in the case will not contine a temporary order barring the WSJ from publishing the names in England and Wales as well as to remove the identities of those people on-line. Prosecutors had sought the order. Dow Jones & Co., WSJ's publisher, had called the order "a serious affront to press freedom," WSJ also reported.

 

Ct. Legislator Questions Media's Judgment After Sandy Hook Shootings

A legislative task force appointed to give advice to elected representatives on the release of crime scene photos and emergency-call recordings heard testimony that "the news media needs access to as much information as possible -- even gruesome photos -- about Connecticut homicides in order to better inform the public," The Connecticut Post reported.

Meanwhile, a Connecticut legislator, whose district includes the town where the Sandy Hook school shootings occurred, questioned trusting the judgment of the media about releasing such materials. '"The idea of the public's need to know and the public's intrusion versus the victims' rights was obscene, in my mind. Having been there, having observed the behavior of the media was outrageous. To ask me to specifically trust the judgments of the media, I'm not willing to do that,"' The Post reported the legislator saying.

 

India Floats Idea of Competency Exam for Media Profession

Foreign Affairs has this piece on several problems India is facing, including a lapdog press: "Restrictions have also been placed on civil rights; libel and defamation laws have become unsettlingly wide. Indeed, national newspapers and magazines, far from serving as a powerful fourth estate, are now commonly viewed as subservient to members of the government." Further, a governmental official floated the idea of governmental licensing of members of the media: "the minister of information and broadcasting recently put forward the idea that journalism, like law or medicine, should require an exam to assess competency. This would be an especially foreboding precedent: since Indira Gandhi evoked emergency laws in 1974, the media has generally been free to cast a critical eye on the government."

Obama 'Most Aggressive' Since Nixon in War on Leaks

Submitted by Amaris Elliott-Engel on Fri, 10/11/2013 - 07:58

President Barack Obama’s “war on leaks and other efforts to control information are the most aggressive” since President Richard Nixon’s administration, according to the author of a report commissioned by the Committee to Protect Journalists. The report, “The Obama Administration and the Press: Leak investigations and surveillance in post-9/11 America,” was released Thursday.

The report was written by Leonard Downie Jr., who was an editor involved in The Washington Post’s investigation of Watergate, along with reporting by Sara Rafsky.

The committee is usually focused on the state of the media in other countries, and this report is its first comprehensive report on relations between the American executive branch and the media.

Six government employees and two contractors have been prosecuted under the 1917 Espionage Act for allegedly leaking classified information to the press during the Obama administration, while there were only three prosecutions under all other presidents, the report said.

Following Wikileaks' disclosure of classified information, the Obama White House established an Insider Threat Task Force to develop a government-wide program for “’insider threat detection and prevention to improve protection and reduce potential vulnerabilities of classified information from exploitation, compromise or other unauthorized disclosure,’” Downey wrote.

As a result, every federal department and agency was told to set up Insider Threat Programs to prevent government workers from disclosing information without authorization.

Reporters also shared that their Freedom of Information Act requests face “denials, delays, unresponsiveness or demands for exorbitant fees, with cooperation or obstruction varying widely from agency to agency,” Downey said.

During a press conference on the report Thursday morning, Downey said that government employees are increasingly afraid to talk to the press and not just about classified information. Downey also said that Obama’s promise to be the most transparent presidency in American history has meant avoiding the institutional press in favor of a “sophisticated governmental public relations strategy” focused on social-media messaging and creating its own web-site content.

For example, photographers are allowed much less access to the president than in the past, and most photographs of Obama are from the White House institutional photographer, Downey said.

“None of these measures is anything like the government controls, censorship, repression, physical danger, and even death that journalists and their sources face daily in many countries throughout the world—from Asia, the Middle East and Africa to Russia, parts of Europe and Latin American, and including nations that have offered asylum from U.S. prosecution to [leaker Edward] Snowden,” Downie wrote in he report. “But the United States, with its unique constitutional guarantees of free speech and a free press—essential to its tradition of government accountability—is not any other country.”

Jack Goldsmith, a former lawyer for President Bush’s administration told Downey that leakers have to be prepared to face legal consequences, but that leaks ‘“serve a really important role in helping to correct government malfeasance, to encourage government to be careful about what it does in secret and to preserve democratic processes.’”

911 Records From Sandy Hook Shooting Ordered Released; Appeal Expected

The Connecticut Freedom of Information Commission ruled that the 911 phone calls related to the shootings at Sandy Hook Elementary School in Newtown, Conn., should be released, the Associated Press reported. The commission rejected a prosecutor's argument that there was still some law enforcement purpose for the records to remain undisclosed. An appeal is promised by law enforcement, the AP reported. The AP also said it requested the records, in part, to review the police response to the school shooting by Adam Lanza: "On the day of the shooting, the AP requested documents, including copies of 911 calls, as it does routinely in news gathering, in part to examine the police response to the massacre that sent officers from multiple agencies racing to the school."

Gaps In Media Shield Law Legislation Worry Not Just Opponents

U.S. News and World Report recounted last week that even supporters of passing legislation that would allow journalists to keep their confidential sources shielded admit that the legislation would not address the situation in which the U.S. Department of Justice seized without notice two months of Associated Press phone records. Just today, several outlets are reporting that a former FBI agent was identified in those phone logs and has now agreed to plead guilty to leaking news of a failed 2012 "underwear bomb" plot by al Qaeda, the Wall Street Journal reports: http://online.wsj.com/article/SB1000142405270230375960457909362328002599...

Another concern raised about the bill as currently drafted is that it would not provide protection to citizen bloggers. Moreover, an amendment backed by Sen. Dianne Feinstein, D-Calif., "intentionally excises WikiLeaks publisher Julian Assange from supposed legal protections for journalists," according to U.S. News.

One of the legislative opponents to the bill, Sen. Mike Lee, R-Utah, told U.S. News in an email: "The extension of the bill's protections to a so-called 'citizen blogger,' a journalist who is not employed by traditional media outlets, is entirely subject to the judge's willingness to exercise discretion, after finding that doing so would be (a) in the interest of justice and (b) necessary to protect lawful and legitimate news-gathering activities. Thus, while for some the privilege is automatic and known in advance, those outside the favored status may only hope that a reviewing federal judge deems them sufficiently worthy of protection."

Illinois Reporter Faces Jail Times Unless Source Is Revealed

The Chicago Sun-Times has this report: "A Will County judge on Friday found a Joliet crime reporter in contempt of court for not divulging how he obtained confidential police reports about a notorious double murder earlier this year. Will County Circuit Court Judge Gerald Kinney on Friday found patch.com reporter Joseph Hosey in contempt of court and gave him 180 days to disclose his source. Hosey faces jail time if he does not reveal who gave him the reports, Kinney said."

Opinion: A shield law for journalists might seem like a good idea, but it isn’t — it’s actually a terrible idea

GigaOM's Mathew Ingram argues that the federal shield law for journalists pending in the U.S. Senate is a bad idea because it would "allow the government to define who gets to be a journalist and who doesn’t." Ingram further argues, even though senators tried to draw a line between freelance journalists and Wikileaks, the leaker web organization "is clearly a media entity — a key part of what Harvard law professor Yochai Benkler has called the 'networked fourth estate.'"

Prosecutor Objects to Release of Newtown 911 Tapes Under Freedom of Information Requests

After a hearing officer from Connecticut's Freedom of Information Commission recommended that 911 calls related to the Sandy Hook Elementary School shooting  in Newtown be released, a prosecutor has objected on the grounds, among others, that the commission does not have jurisdiction and that the recommendation would violate a new state law exempting many records of the shooting from the right-to-know arena. The media outlets seeking the information want to examine how law enforcement responded to the school shooting. The full commission will hear the case later this month.

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