One of the conceits of the press here in the US is that the First Amendment, which states that “Congress shall make no law . . . abridging the freedom of speech, or of the press” somehow grants them special status and immunities from laws that we plebes have to comply with. Not too surprisingly, the establishment media sees itself as the “Fourth Estate,” Americanized as the fourth branch of government (after the legislative, executive, and judicial branches) entitled to its own kind of sovereign immunity.
They are wrong. If the freedom to publish is restricted only to a certain limited or identifiable class, then it isn’t really a freedom at all, but is a privilege.
One of the more common expressions of the misconception that they belong to a special privileged class is the belief among journalists that they are entitled to defy court orders. Specifically, they believe that the First Amendment somehow guarantees them an immunity against having to identify their sources.
One of the micro-scandals plaguing the Bush administration has been the entirely hoked-up l’affaire Plame. In a nutshell, when former ambassador and Saudi shill Joseph Wilson began lying in public about his fact-finding mission to Africa regarding Saddamite nuclear ambitions, someone in the Bush administration may or may not have “leaked” the fact that his wife works for the CIA and got him the gig. This was scandalous because his wife may or may not have been an “undercover” op, so that leaking her identity may or may not have been against the law. Valerie Plame was so concerned about being outed that she and her husband arranged for a nice photo spread in Vanity Fair.
The scandal was hoked up because the press knew from the get-go who leaked Valerie Plame’s name and identity, but nonetheless went on a rampage about a coverup and the need for a grand jury to investigate the White House for this dreadful breach of national security. In effect, the Washington press was demanding a grand jury to discover what they already knew. This bluff has been called – the grand jury quite logically subpoenaed the testimony of two reporters who had fingered the White House for the leak.
Newly-released court orders show U.S. District Court Chief Judge Thomas F. Hogan two weeks ago ordered Matt Cooper of Time magazine and Tim Russert of NBC to appear before a grand jury and tell whether they knew that White House sources provided the identity of CIA officer Valerie Plame to the media.
Cooper still refused to answer questions after Hogan’s July 20 order, and on Aug. 6 Hogan held him in contempt of court and ordered that he go to jail. Cooper has been released on bond pending his emergency appeal to a federal appeals court. Hogan has ordered that Time pay a $1,000 fine for each day Cooper does not appear before the grand jury.
A timely reminder that freedom for all is not a privilege for the few.