I have a sneaking suspicion that many U.S. citizens, those who are not connected to the news business, believe that because we have the First Amendment our country automatically leads the world when it comes to freedom of the press. For everyone who believes that, I hate to burst your bubble, but I”m here to tell you that it is far from the truth.
I was in my first couple of years as a daily newspaper publisher when I encountered the experience that made it clear to me that, like it is with so many other facets of life, people in positions of power often make attempts to usurp the rights of others, including the press. I was publishing the Atchison Daily Globe in the early 1990s when the municipal court judge put a gag order on what the editor and I considered a petty drug case. We were surprised by the judge”s action. But, we were shocked by his next move. The judge informed us that he was forbidding us from telling our readers that the case had been gagged, which we classified as the “gag order on a gag order.”
Even with our limited legal knowledge, we were pretty certain the judge”s actions were in violation of our First Amendment rights. Our attorney thought so, too. So, we refused to abide by the judge”s instructions and informed our readers of the gag order. The judge, of course, was furious. He immediately found me in contempt of court. I was fined $2,500 and sentenced to seven days in jail.
I appealed the fine and sentence. The next hearing was in district court in Leavenworth. Just my luck, the district judge was a law school classmate of the municipal judge. He ruled against me, too. Finally, in the Supreme Court of Kansas, the seven justices ruled unanimously in my favor.
Reporters Without Borders produces an annual Worldwide Press Freedom Index, decided by the measurement of a number of factors. For 2008 the United States placed 40th out of 173 countries measured. Here in America, we often talk about being the freest country on Earth. A 40th ranking in press freedom is not an indicator that we can truthfully make our claim.
Iceland has the freest ranked press in the world, year after year. Germany, Japan, France and the United Kingdom outrank us. About the only positive news to report is that in 2006 the United States placed 53rd. At least we have made some progress. Our government”s reactions after 9/11 helped push us down the list for several years. At least we are well ahead of China, North Korea and Vietnam, which all fall in the bottom seven.
A federal shield law would go far to raise the press freedom ranking for the United States. Currently, most states have shield laws that allow journalists the right to protect their sources without fear of going to jail. The problem arises when a situation goes federal. The journalist no longer has that protection and can either be forced to give up the name of a source or face jail time. You might recall that Judith Miller spent several months in jail a few years ago, rather than revealing her source for what became labeled as “Plamegate.” CIA agent Valerie Plame”s covert status had been made public by Lewis “Scooter” Libby.
The 111th Congress is currently dealing with the federal Free Flow of Information Act that will guarantee the protection of reporters” sources. It passed the House in March and now needs to pass the Senate.
We have lost much ground since Thomas Jefferson wrote to John Jay, “Our liberty cannot be guarded but by freedom of the press, nor that be limited without danger of losing it.” The United States should at least be in the top five for press freedom. It isn”t acceptable to be 40th.
Gary Dickson is the editor and publisher of the Record-Bee. Contact him at gdickson@record-bee.com or 263-5636, ext. 24.
