On Thursday, a federal judge found the two San Francisco Chronicle reporters -- Lance Williams and Mark Fainaru-Wada -- who profited handsomely by revealing what should have secret grand jury testimony in the BALCO steriods investigation to be in contempt of court, and sentenced them to 18 months in prison, unless they reveal their sources. Their sentence is stayed pending their appeal of the decision.
Interestingly, two Baseball Prospectus authors have very different views of the matter. Will Carroll, under the headline "A Scary Day," puts forth our freedoms are in jeopardy rhetoric: "It’s a chilling day for journalism and for freedom, even our corner of the world."
Joe Sheehan, on the other hands, notes that there are real criminals in this matter (the government sources) and real victims (the witnesses whose testimony was supposed to have been kept confidential). The reporters themselves do not deserve our sympathy, for they now claim a right to a confidentiality that they themselves took away from the witnesses whose testimony they revealed. They allowed themselves to be used as the tools of the government sources who broke the law by handing them the testimony.
The freedom of the press has not been abridged here. Fainaru-Wada and Williams were free to report what they did. They are not free -- just as everyone else is not free -- to refuse to testify after being subpoenaed. What has been abridged here is the ability of the justice department to investigate future crimes. Witnesses will be less likely to testify before a grand jury if they fear that their testimony -- which is supposed to be confidential -- will be leaked to the press, which will publish it without question.
Cross-posted at CubsNet.com, where you may comment.
