Opinion: A journalist in jail

Vanessa Leggett has been sitting in a federal jail since July 20 and may remain there for 18 months, as long as she refuses to turn over research material she gathered on a 1997 murder for a book she is writing. Her situation raises troubling questions about how far law enforcement can go to compel journalists to disclose confidential sources.

Leggett spent four years investigating one of the more intriguing murder mysteries in Texas. Doris Angleton, who was married to a millionaire bookie, was murdered. Her husband, Robert, was charged with the crime but acquitted in a state trial. His brother, who was also charged, committed suicide in jail before going to trial and left a note that said he acted alone to kill his sister-in-law as a way to frame his brother.

Federal authorities apparently still are not convinced of Robert's innocence and have convened a grand jury to investigate further. But rather than do its own legwork, the Justice Department demanded Leggett's interviews and notes, some of which came from confidential sources. Leggett is a part-time writing teacher at the University of Houston who has not yet been published, but her research is clearly intended for a book. She willingly testified before the grand jury but refused to turn over any information that might compromise her sources. As a result, Leggett was held in contempt and jailed.

To some extent, being prepared to go to jail to protect a confidential source is part of the territory of being a journalist. While the U.S. Supreme Court has recognized an important First Amendment interest in preventing government authorities from rummaging around in journalists' work product, there is no uniform privilege that shields reporters from being called before a grand jury. As a way of protecting the integrity of their profession, reporters sometimes choose jail over disclosure. The press can't fulfill its role as watchdog if whistle-blowers and others with potentially valuable information aren't willing to talk freely to reporters, confident that their identities will be protected.

For that reason, the Justice Department historically has been reluctant to jail reporters. In fact, the last time journalists were jailed for intransigence was 1991. According to department guidelines, the attorney general himself must approve any subpoena against a reporter. But the department is claiming that Leggett is not a legitimate journalist and is therefore not entitled to special consideration.

We think the department is missing the point. Legitimate journalism is not limited to the major network and cable news stations and the nation's daily newspapers. The press includes anyone who picks up a pen or a camera in an honest effort to investigate an issue of public interest for future dissemination. Leggett was clearly performing as a freelance journalist, and the government has erred in going to such oppressive lengths to compel disclosure of her sources.

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