It is usually a big deal when any journalist ends up in the news instead of reporting on it. Fox News contributor Jana Winter may face jail time for refusing to reveal one of her sources after she reported that law enforcement officials had obtained a notebook that accused shooter James Holmes sent to his psychiatrist.
According to Winter's unnamed sources, the notebook contained references to Holmes's plan to attack the Aurora, Colo., movie theater on July 20, which left 12 people dead and 60 more injured.
There has been a gag order in place for all information in the court's case against Holmes — the court's records, as well as records from the University of Colorado (where he was a Ph.D. student), are sealed and law enforcement officers are barred from disclosing any information to the press.
According to the original article to which Winter contributed, Fox News was the first news organization to report on Holmes's notebook. Winter has been subpoenaed to testify and may be required to reveal her source if she wishes to avoid spending time in jail. Any journalism student worth his or her salt knows that in such a high-profile trial, a reporter must go to the mat to protect a source's anonymity, even if that means being held in contempt of court.
National Press Club President Angela Greiling Keane told BuzzFeed, "If anonymous sources believe their identities can be dredged up in court, they will be less likely to disclose to the press information of vital public importance." This would be a huge detriment to investigative journalists throughout the country and would put their ability to adequately do their jobs and serve the public at risk. Preserving the integrity of the freedom of the press is paramount in a free society and should not be held hostage to an ongoing court proceeding.
While respecting Holmes's due process rights, like the right to a trial by an impartial jury without prejudice, is of course a reasonable concern, it is absurd to think the leaked information about Holmes's notebook would make the difference between a guilty verdict and Holmes walking free.
One little notebook won't change the fact that James Holmes will likely face life in a mental institution or on death row.
As for Winter, shield laws for reporters and their confidential sources should not be tested or weakened in the slightest.
As Julie Roginsky wrote in a FoxNews.com op-ed, "From Woodward and Bernstein who met with a mysterious source named Deep Throat in a garage, to a local zoning board official who is privy to municipal corruption in a small town, conversations between journalists and unnamed sources lead to investigative articles that shed light on the very things those in power would rather not reveal." Want to join the conversation? Send an email to opiniondesk.statepress@gmail.com. Keep letters under 300 words and be sure to include your university affiliation. Anonymity will not be granted.
