Journalists and the Espionage Act     Publisher Lucy A. Dalglish Editor Gregg P. Leslie Managing Editor Rani Gupta Associate Editor Loren A. Cochran Contributors Karl D. Olson, Heather Shoenberger, Elizabeth Soja, Catherine Spratt, Nathan Winegar Administration Lois Lloyd, Victor Gaberman, Maria Gowen RCFP Steering Committee Dan Abrams, MSNBC Scott Applewhite, The Associated Press Charles R. Babcock, Bloomberg News Chip Bok, Akron Beacon Journal Earl Caldwell, Pacifica Radio Rebecca Carr, Cox Newspapers Walter Cronkite, CBS News Richard S. Dunham, Business Week Ashlea Ebeling, Forbes Magazine Stephen Geimann, Bloomberg News Fred Graham, Court TV Stephen Henderson, Knight-Ridder John C. Henry, The Associated Press Nat Hentoff, The Village Voice Edward H. Kohn, St. Louis Post-Dispatch Stephen Labaton, The New York Times Neil Lewis, The New York Times Tony Mauro, American Laywer Media Doyle McManus, Los Angeles Times Wilson F. Minor, Factual Reporting Service Sandra Peddie, Newsday Dan Rather, CBS News Cristine Russell, Freelance Tim Russert, NBC News Gerald F. Seib, The Wall Street Journal Carole Simpson, ABC News Saundra Torry, USA Today Vickie Walton-James, Tribune Publishing Judy Woodruff, PBS Affiliations appear for purposes of identification. The Reporters Committee would like to thank The Associated Press for permission to use photos from its files. © 2006 by the Reporters Committee for Freedom of the Press. Published four times a year. Price: $7.50 per issue. Address correspondence to: The News Media and The Law 1101 Wilson Blvd., Suite 1100 Arlington, VA 22209 Telephone: (703) 807-2100 Internet: www.rcfp.org E-mail: rcfp@rcfp.org ISSN: 0149-0737

The News Media & The Law   Fall 2006    •    Vol. 30, No. 4     In this issue:  Editorial   EDITORIAL Judicial education  Cover Story   BOX Timeline   FEATURE Reporters or spies? The prosecution of two lobbyists has raised fears that the Espionage Act could be used against journalists. It wouldn’t be the first time.   FEATURE Intelligent communication A 1950 espionage law prompted by wartime leaks could prove dangerous to journalists who report on covert government programs.   FEATURE Secrecy across the pond British journalists feel the chill under the Official Secrets Act, and a bill in the Senate could have similar effects in the United States.   BOX The Bond bill   FEATURE Sense of security A proposed federal shield law raises questions about how a reporter’s privilege affects journalists who cover national security.  Confidentiality/Privilege   FEATURE Limited protection State safeguards for reporters could dwindle if federal prosecutors follow the lead of those in the case of jailed freelancer Josh Wolf.   FEATURE Two out? Decision on deck If two San Francisco reporters lose an appeal, they could be jailed for refusing to reveal the sources of their stories on a steriods scandal.   FEATURE Pretexting problem Private companies like HP want to know reporters’ sources as much as the government does. But their tactics could be against the law.  Freedom of Information   FEATURE Secret, but not classified TSA officials receive wide latitude to withhold ‘sensitive’ documents, and a new law promises little relief for journalists seeking information.   FEATURE States of denial Limiting records access to state citizens violates constitution, court says.   COMMENTARY Sometimes a watchdog has to bite  Newsgathering   FEATURE Cuba controversy Paying journalists to appear on government broadcasts abroad is legal, but the practice raises thorny ethical questions for reporters.  Prior Restraints   FEATURE British blockade A U.S. newspaper’s decision to block articles because of U.K. laws shows the pitfalls of publishing in countries with different press standards.   FEATURE Unanswered questions Courts sometimes use written questionnaires to help pick juries, but judges often refuse to release them to the public.  From the Hotline   HOTLINE From the Hotline  Open & Shut   BACKPAGE Open & Shut A recent collection of funny, fascinating, nonsensical or just notable newsworthy quotations      CITES Sources & Citations