Journalists Refuse to Reveal Sources

In a case that has raised concerns about journalists’ rights, two New York Times reporters Thursday defied an order by a federal judge to disclose their sources in a lawsuit filed by a scientist once suspected of spying.

The reporters, James Risen and Jeff Gerth, are among five journalists subpoenaed by Wen Ho Lee, who has filed a lawsuit against the government for allegedly violating the federal Privacy Act by leaking personal information from his employment records to the reporters.

U.S. District Judge Thomas Penfield Jackson denied the journalists’ motions to quash the subpoenas in October and ordered them to appear Thursday and disclose the identity of their sources.

“Risen and Gerth answered the questions, although on some of the questions they chose to take advantage of their 1st Amendment privilege on identifying sources,” said Catherine Mathis, the New York Times’ vice president for corporate communications.

Journalist advocacy groups and lawyers say the importance of Jackson’s order goes far beyond the Lee lawsuit and threatens what they argue are 1st Amendment rights of freedom of the press.

Making reporters reveal their sources destroys their credibility and independence, they argue.

“The New York Times and its journalists have had a long-standing practice of protecting confidential sources, a principle we believe is critical for the press to provide a free flow of information to the public,” Mathis said.

But in his order, Jackson said “the court has some doubt that a truly worthy 1st Amendment interest resides in protecting the identity of government personnel who disclose to the press that the Privacy Act says they may not reveal.”

Lee subpoenaed the reporters in hopes their testimony would prove the U.S. departments of Justice and Energy and the FBI violated his privacy rights.