2007 First Amendment Summit Video
Posted 1/25/2007 6:45:00 PM
On Jan. 18, 2007, the American Society of Newspaper Editors convened an emergency summit of 100 newsroom leaders, national security experts, lawyers and others concerned about the compelled disclosure of confidential sources.
The gathering was held at the National Press Club in Washington, D.C. The ASNE First Amendment Summit was made possible with the financial support of the McCormick Tribune Foundation. ASNE is also grateful for its partnership with The Poynter Institute in developing and producing this event.
We gathered these key video excerpts from the day.
All summit video
Browse all video here, beginning with an introduction by Andy Alexander, then Washington bureau chief, Cox Newspapers. (See
complete list of videos shown in this player.)
Video from the main sessions is also presented below.
"Is it a crisis?"
Remarks by Geoffrey R. Stone, Harry Kalven Jr. Distinguished Professor of Law, University of Chicago
Making Tough Calls on National Security
Moderator: Bob Steele, senior faculty, ethics, The Poynter Institute (not pictured)
Panelists (from left):
- Bill Keller, executive editor, The New York Times
- John McLaughlin, nonresident senior fellow, The Brookings Institution, former acting director of the Central Intelligence Agency
- Len Downie, executive editor, The Washington Post
- Ken Bass, Sterne, Kessler, Goldstein & Fox, former first counsel for intelligence policy at the U.S. Department of Justice.
Prosecutors in the Newsroom: New Rules of Engagement?
Moderator: Cynthia Tucker, editorial page editor, The Atlanta Journal-Constitution (not pictured)
Panelists (from left):
- Phil Bronstein, editor, San Francisco Chronicle
- Randall Eliason, professor, American University
- Eve Burton, general counsel, Hearst Corporation
- Joe diGenova, founding partner, diGenova & Toensing
- Lee Levine, founding partner, Levine Sullivan Koch & Schulz
Also speaking during this panel:
Mark Fainaru-Wada, investigative reporter, San Francisco Chronicle
Lance Williams, investigative reporter, San Francisco Chronicle
Introduction (1:57)
"Is it a crisis?"
Is there a crisis? (2:49)
Is it time for a federal shield law? (2:33)
Thinking behind the Supreme Court's Branzburg v. Hayes decision in 1972. Reason one. (3:35)
Thinking behind the Supreme Court's Branzburg v. Hayes decision in 1972. Reason two. (2:35)
State-by-state protection varies (0:52)
Challenge one: A journalist's privelege or source's privelege? (5:29)
Challenge two: Qualified vs. absolute privelege (6:59)
Challenege three: When disclosing information to a reporter is a crime (4:49)
Is the privilege held by the journalist or the source? (3:02)
Making Tough Calls on National Security
National security stories in time of war (2:55)
Coverage of intelligence matters (4:30)
An unconventional war (3:22)
National security and the Internet (0:37)
National security and the mainstream media (2:04)
Government restrictions to The New York Times' 2006 coverage of the SWIFT banking program (1:52)
Could the publication of certain stories be considered treasonous or a violation of the Espionage Act? (2:21)
Britain's Official Secrets Act a poor model (1:28)
Working it out, case by case (3:43)
Is the press being used? (4:56)
Engaging the public (2:41)
Prosecutors in the Newsroom: New Rules of Engagement?
BALCO: Peeling back the curtain (3:26)
A balancing act (4:01)
Distinctions between alleged grand jury testimony leaks and alleged violation of a judge’s protective order (5:15)
An argument against a federal shield law (4:16)
An argument for a federal shield law; an analysis of Justice Department guidelines (3:38)
The effects of prior restraint (3:08)
Steadfast support (0:56)
Federal shield law needed "very badly" (0.28)
Prosecutors emboldened by Judith Miller/Matt Cooper subpoenas (0:32)
The New York Times and "an idiotic editorial" (1:09)
When a social contract crumbles (2:10)
Not sanctimonious (0:30)
A skeptical judiciary (2:07)
In defense of The New York Times editorial (3:18)
Burton does not think shield law as currently drafted will pass
Remarks by Homeland Security Secretary Chertoff (19:42)
Q&A
Remarks by Rep. Conyers (6:48)
For more information, contact Diana Mitsu Klos at ASNE: 703-453-1125 or dmk@asne.org.