Newsmen v. the Courts

Keeping confidences is part of the newsman's stock in trade. A promise that the source of a story will be kept secret is often vital before an interview is permitted. Journalists argue that such confidentiality is protected by the First Amendment guarantee of a free press.

But lately the courts have been seeing things differently. In the past year three newsmen* have come out second best in arguments with the courts. Last week the courts won another round in the clash between the press and the law. U.S. District Court Judge John Sirica ordered John Lawrence, Washington bureau chief of the Los Angeles Times, to hand over tapes of his newspaper's interview with the chief prosecution witness in the Watergate bugging case. When Lawrence refused, Sirica ordered him jailed.

The Times's troubles added a new dimension to a growing conflict over the rights of newsmen to keep secrets. The Times's source--former FBI Agent Alfred Baldwin III--was clearly identified in the story. Defense lawyers wanted the tapes of his interview on the chance that unused portions would yield information that might discredit Baldwin as a witness.

No Absolutes. Lawyers for the Times argued that the newspaper's First Amendment rights should take precedence over what was, after all, a "fishing expedition" by the defense. They also insisted that Sirica's order could set a dangerous precedent. Allowing lawyers to demand information that reporters had been given in confidence, they warned, would cause news sources to dry up and cut the flow of information to the public. "I think you're getting alarmed about something that probably won't happen," Sirica told the Times. "Every judge doesn't have to agree with my opinion."

Not every judge does. The U.S. Court of Appeals ordered Lawrence released after 2 1/2 hours pending appeal so that he could take his case to the Supreme Court. The Supreme Court, which ruled last June that newsmen have no absolute privilege to keep their sources secret, has also pointed out that the courts have no absolute right to demand that reporters respond to every whim of prosecution or defense. The Times changed its mind and decided to obey Sirica's order. After Baldwin agreed to release the paper from its agreement of confidentiality, the Times turned the tapes over to the court.

*Peter Bridge was cited for contempt and jailed for 20 days for refusing to go beyond a story about official corruption he wrote for the defunct Newark Evening News: Edwin Goodman served 44 hours of a 30-day sentence for refusing to hand over WBAI-FM tapes of a prison riot; William Farr has been in jail since Nov. 27 for refusing to disclose his source for a Los Angeles Times article about the Charles Manson murder trial.

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