FC: Paul McMasters on Vanessa Leggett still in jail for 37 days

From: Declan McCullagh (declanat_private)
Date: Sun Aug 26 2001 - 19:32:46 PDT

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    [Paul is the First Amendment Ombudsman at the Freedom Forum. --DBM]
    
    *********
    
    From: Paul McMasters <Pmcmastersat_private>
    To: "'declanat_private'" <declanat_private>
    Subject: RE: Prosecutors, judges keep Vanessa Leggett in jail for 37 days
    Date: Sun, 26 Aug 2001 16:03:44 -0400
    
    Declan,
    
    	Here's an excerpt from the column on the Leggett case I posted last
    week:
    
    	From the northernmost reaches of Canada to the tip of Chile, only
    three people in the Western Hemisphere languish in prison for doing the work
    of a journalist. Two of them are in jail in Cuba and the third has begun her
    second month of imprisonment in the United States.
    
    	This rather embarrassing piece of news comes to us from the
    Committee to Protect Journalists, which monitors despots and dictators
    around the world who abuse, harass and jail journalists considered
    inconvenient to official policies. Our sense of ourselves is that our
    government shouldn't be a candidate for membership in that kind of club.
    
    	But there we are.
    
    	Vanessa Leggett, a 33-year-old writer and university lecturer in
    Houston, was sent to jail on July 20 by a federal judge. The charge was
    contempt of court. The offense was refusing to turn over four years' worth
    of interview material to a federal grand jury investigating possible charges
    against a millionaire bookmaker implicated in the murder of his wife.
    
    	Those bare facts allow us to breathe a bit easier. After all, a
    journalist shouldn't be above the law and law enforcement officials must
    have a great deal of latitude to investigate and prosecute crimes fully. But
    the details beyond those facts provoke a number of issues that test
    government officials' sensitivity to First Amendment rights and values.
    
    	Among the critical questions that arise from the details:
    
    	What is the definition of a journalist and who gets to fashion and
    enforce that definition?
    
    	To what extent can journalists thus defined be compelled to serve as
    an arm of the law?
    
    	When does aggressive prosecution of criminal suspects turn into
    harassment or vendettas against journalists?
    
    	More important, when press freedom and law enforcement priorities
    collide, which better serves democratic principles and interests: subjecting
    the First Amendment rights of the press to criminal sanctions, or compelling
    the government to exhaust its own formidable investigative resources before
    jailing an innocent civilian independently recording the process for the
    public?
    
    	The rest of the column is at
    http://www.freedomforum.org/templates/document.asp?documentID=14670
    
    Paul McMasters
    
    
    
    
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