Should Congress enact a “shield law” for journalists, exempting them from the obligation to disclose their confidential sources to grand juries investigating crimes and in court cases?

I have explored some of the implications of such a law for our national security. But there is a civil-court dimension to the problem as well. In The News Media vs. the Innocent, Steve Chapman gets to the essence of it in today’s Chicago Tribune.

Years ago, Ray Donovan, Ronald Reagan’s labor secretary, was prosecuted for corruption, only to be acquitted. After the verdict, Donovan asked plaintively, “Which office do I go to to get my reputation back?”

Steven Hatfill knows where to go to get his reputation back. But upon arriving there, he finds the door blocked by someone who says her privileges are more important than his good name. That someone, of course, is a journalist. And, not surprisingly, she enjoys the broad support of other journalists, who have proved to be slow learners about the obligations they share with their fellow citizens.

Hatfill was a casualty of the anthrax scare of 2001. Just after the Sept. 11, 2001, attacks, someone mailed letters containing anthrax spores to several news organizations and a pair of U.S. senators. Some 22 people were infected, and five died.

In the aftermath, the Justice Department labeled Hatfill, who had done research on biological warfare for the Army, a “person of interest.” Secret information leaked to the press suggested he was the terrorist behind the attacks.

But the suspicions were wrong. Hatfill asserted his innocence, and he was never charged in the case. He sued the government, the New York Times and others for damages. Federal Judge Reggie Walton concluded that the claims have “destroyed his life” even though “there’s not a scintilla of evidence to suggest Dr. Hatfill had anything to do with” the anthrax attacks.

To read the rest of Chapman’s column, click here.

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