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Freedom begins at press time
By Andrew Flohr-Spence
spencand@mscd.edu

In an apparent attempt to deny the existence of the First Amendment, on Sept. 21 a federal judge in California sentenced two journalists to 18 months in jail for refusing to reveal their sources. The only reasonable explanation for the decision against the pair, who broke the Barry Bonds steroid story in their book Game of Shadows, is that U.S. District Judge Jeffrey White somehow misread the Constitution. Frustrated that Lance Williams and Mark Fainaru-Wada repeatedly denied his requests while claiming to respect the law, White probably became confused and lashed out in anger.

Freedom of the press is not a painless matter and has not always been the most popular idea. The writers of the Constitution thought it was important enough to include in the First Amendment, but it wasn’t exactly in vogue elsewhere at the time. Kings, queens, despots and feudal lords have a hard time accepting criticism.

The 13 colonies of the United States wanted to be different. The idea was that if the government could stand the scrutiny of the press, then the government deserved to govern. If there is nothing to hide, then a few investigative reporters sniffing around shouldn’t be a problem. The press works to balance and to check the power of the other three branches of government. It works to check society itself, holding up a mirror so we can see ourselves.

The freedom to know information and publish it has had certain boundaries. National security concerns sometimes require restrictions on the privilege of the press. During both world wars, for instance, the press was not allowed to report on troop movements, among other things. Most of us understand the government’s need to not have our military secrets broadcast on the nightly news, but pretty much that alone is off limits.

In fact, ethical limits are regularly challenged, and the press does not always function the way it was intended. There is no shortage of journalists and editors who will print anything to make a dollar. The sensational, the inaccurate and the stomach-churning does not lend to the good name of the trade, but like every trade, there are a number of craftsmen – hard-working, disciplined artists – and millions of hacks trying to fake their way through another day.

While there has been room for improvement, we have never decided to throw the baby out with the bathwater. The press may have its faults, but the service it provides to our democracy is invaluable. Despite a few setbacks here and there, we citizens of the United States have continued to value our freedom to publish damn near any complaint we have about the powerful elite and our institutions.

Even if jailed for a time, people who dare to expose the truth are eventually remembered as heroes. We like our rebels in this country. What we do not like is the government jailing journalists who expose corruption or injustice because they refuse to reveal who leaked information to them.

Whistle-blowers and inside informants often wouldn’t come forward if they couldn’t trust a journalist’s ability to protect their identity. Without these whistle-blowers, we would never have known about Nixon’s gin-crazed tape-recording insanity, Enron’s tale of wanton extravagance, or the perverted habits of one Senator Foley. Without this protection for informants, we would not have a democracy.

The ability to express opinions with protection from arrest and detention is essential to the stability of this system. And it works both ways: 300 million Americans aren’t easy to keep quiet. When somebody tries to keep a secret, he or she will eventually be caught through our sheer numbers. The free press has become an unstoppable check on the balance of power, because everybody is watching and everybody has internet access.

The judge’s action in California is futile. This pathetic attempt to punish the journalists for the truth about big drug companies and big sports will go down in history as some random, strange decision that eventually got overturned. This great mass of beautiful humanity we call America must remain democratic and will never be ruled by kings or despots. There are too many diverse perspectives and independent souls for anything else.