FAIRMONT — A West Virginia University professor is providing her students with firsthand experience.
WVU journalism professor Toni Locy teaches media law. At this time, Locy is under threat of being held in contempt by a federal judge for refusing to reveal her sources.
Locy said she has covered her case in class because it’s important prospective reporters understand what they may face on the job.
“I feel I have to prepare students for the real world and unfortunately, this is the real world for reporters,” Locy said.
According to The Associated Press, U.S. District Judge Reggie B. Walton said Locy defied his order last August that she cooperate with Steven J. Hatfill in his lawsuit against the government. Walton indicated he would impose a fine until she divulged her sources, but that he would take a few more days to decide whether to postpone the penalty as she pursues an appeal.
Hatfill, who worked at the Army’s infectious diseases laboratory from 1997 to 1999, was publicly identified as a “person of interest” in the 2001 anthrax attacks. He is suing the Justice Department, accusing the agency of violating the federal Privacy Act by giving reporters information about the FBI’s investigation of him.
“I will order she provide the sources of information,” Walton said during a hearing, as Locy looked grim and slowly shook her head in disagreement.
“I don’t like to have to hold anyone in contempt,” the judge added, but when it comes to cases where a person says his reputation was destroyed because of stories published about him, “the media has to be responsible.”
Walton indicated that the amount of the fine would be $500 each day for the first week, $1,000 each day the second week and then increased to $5,000 each day the third week. Hatfill’s attorneys had asked Walton to initially fine Locy $1,000 a day the first week, with the amount increasing by $1,000 each subsequent week to force compliance.
Locy is a former Associated Press reporter who wrote about Hatfill while working for USA Today.
During her classes, Locy is discussing some of the issues this case raises for reporters everywhere.
“It affects all of us,” Locy said. “We’ve talked about the dangers reporters covering police will face if this decision holds up. No reporter will be able to talk about an ongoing investigation if this holds up.”
Journalists everywhere are watching Locy’s case and renewing calls for a federal shield law for reporters. Last year, the House of Representatives passed a measure that would back the right of reporters to protect the confidentiality of sources in most federal court cases, but the full Senate has not yet acted on a similar measure.
One of those groups is the Society of Professional Journalists.
“This case is on point as to why we need to stop allowing the government, especially federal prosecutors and judges, to strong arm the free press into serving its needs,” said Kevin Z. Smith, assistant professor of journalism at Fairmont State and secretary-treasurer of SPJ. “Forcing reporters to reveal anonymous sources undermines our ability to do our work,”
Smith noted he didn’t like anonymous sources and when he teaches, he notes they should only be used as a last resort, but reporters in Washington, D.C., often face the fact that it’s nearly impossible to get a story without promising anonymity. He noted a lot of thought must go into every use of an anonymous source.
“When it’s met the ethical standards and that information is deemed necessary to unveil the truth to the public, especially since we are watchdogs of government, then we are doing a great service by telling the story, even with secret sources,” he said.
E-mail Katie Wilson at kwilson@timeswv.com.
In Today's TWV
February 21, 2008
WVU students get firsthand knowledge on anonymous sources
Journalism professor under judges’ threat of being held in contempt
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