Judge goes mental; reason gets benched

During the past eight years of rule under George W. Bush, Americans have been exposed to a tsunami of propaganda about "activist judges" -- those who purportedly act in the interest of social change over sound legal reasoning. Mysteriously, a judge is only dubbed an activist if his ruling runs afoul of White House policy. Funny how that works.

Also a mystery worthy of Nancy Drew nightmares: We don't seem to hear much from the Bush administration when a judge attempts to dismantle this nation's press freedoms. Apparently the activist label doesn't apply to that particular coup d'état on our society, which has a rich history of watchdog journalism despite the unfortunate perception among many Americans that our media are worthless in that capacity.

The latest assault on reporter freedoms comes via the Hon. Reggie Walton, a Bush-appointed federal judge out of D.C. Here's the short version: USA Today reporter Toni Locy was held in contempt of court after refusing to name a confidential source in a story she wrote about a doctor who was allegedly involved in a series of anthrax attacks seven years ago. The doctor, Steven Hatfill, sued the Justice Department for soiling his good name. After failing to compel the government to reveal its leak, Hatfill's lawyers turned their sites on Ms. Locy. When she refused to violate the most sacred pact in journalism -- reporter and source -- the contempt charges were handed down.

The judge, apparently high on his authority crack, unhinged himself from all reasonable thought and made a sick example of Locy, who is now a journalism professor and makes $75,000 a year. Walton ordered that she pay $500 a day for seven days beginning March 16. After seven days, the fine goes up to $1,000. Then $5,000 a day a week after that until her trial date on April 3. All added up, that comes out to $35,000 before she can even see a courtroom (unless she gives up her source).

And here's where it gets REALLY good. Walton commanded that Locy must use her own money to pay the fine. He prohibited her from using outside funds from, say, her employer, or contributors to her cause, or any other charitable source. As if the judge couldn't get any more despicable, he personally slams down the last nail on the coffin of Locy's press freedoms. Also, as the Wall Street Journal points out, this treatment is unprecedented in a civil proceeding -- or for a journalist in general. The absolute personal liability imposed on Locy is usually reserved for trials involving the mafia. The fucking mafia!

Unfortunately, Locy is not a mobster. She's not even a criminal. But now she's essentially being financially pinched to force her to reveal a confidential source for a story. The judge is trying to bankrupt her in a contemptible attempt to squeeze her ability to be a member of the journalistic community. The reasoning is this: If confidential sources don't feel confidential, they won't talk to reporters, and if they don't talk to reporters, the media can't fulfill their watchdog role. Americans have an absolute interest in allowing reporters the right to keep their sources hidden. It's essential to the healthy democracy we enjoy because when all other checks on the government fall apart, we (theoretically) still have the media.

Of course, the government doesn't see it that way. Confidential sources have a rich history of mucking up corrupt plans for domination and greed (paging Richard Nixon). The government would love to see a precedent for reporters to be financially attacked into revealing sources. It would put a chill on uncovering shenanigans and allow officials to roam free in a field of money and power. It is the pinnacle of absurdity.

Luckily, going to jail and facing financial ruin just makes Locy a bigger martyr. I'm confident she won't budge until her source releases her from the pledge of confidentiality. She'll do this because, unlike Judge Walton, she has a little thing called integrity, and reporters secretly long to be in this fight. And in the face of an abusive legal system, a little integrity and toughness goes a long way. In the end, she'll be victorious. Penniless, but victorious.