A Word on the NYT Scandal and Press Leaks
The freedom of the press is one of the most important freedoms in our country, and indeed in the idea of democracy. It is the most independent, unadulterated, and immediate of all the checks and balances - even though it is not technically classified as such. The freedom of the press creates an uncompromising accountability for elected officials to their constituency. Indeed it is the press whose job it is to work for the public's right to know. While the government is also supposed to work for the good of the public, it must at times keep secrets. It is this fact that creates a conundrum of non-transparency to the government’s bosses in a democracy - the people. The press should not be restricted by law from revealing any information it can come to poses and prove, unless there is a clear and present danger to people's lives. In the case of the NYT releasing information on the governments banking surveillance of terrorists that danger is not definitive. However, I do believe that it is the duty and the right of the government to investigate the source of information such as this. Furthermore, I do not believe that confidential sources should be legally protected by the freedom of the press, especially in cases such as this where said sources are in clear violation of confidentiality agreements. While it is legal for the press to print the information that they have obtained, it was not legal for the holder of the information to pass it to the press. Judith Miller deserved her time in jail for not cooperating with the government and revealing her sources. In fact I believe she should have spent more time in jail.
To penalize the NYT directly for printing the information they did would be unconstitutional. The question in this case is not was it legal for them to print the information - it was. The question here is whether the editors of the NYT exercised good ethical judgement - whether they weighed the good of the country over their own political beliefs and desires to aid their political agendas by attempting to generate public discord with the current administration. The golden age of the press is long gone. Gone, possibly forever, are the great newspapermen and women of the early half of the 1900s. The men and women who downplayed and overlooked the physical ailments of FDRs polio aftermath were the type of people who were true guardians of the publics right to know. In days such as these, issues of that ilk would be misused and taken advantage of instantly. There is no more ethics in mainstream media today, then there are in campaign finance and lobbying.
There is however, another "check and balance" that can be used to hold the press accountable. It generates from the independence of the press and their need to finance themselves. Stop buying their product. Stop reading the New York Times. Exercise your right as a consumer to punish the unethical or undesirable actions you perceive in their editorship. Some university libraries have already taken this action in protest, and they are to be commended for it. The single tenet of democracy and capitalism that truly makes it great is that everyone is accountable to someone else.

