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Torres: Taricani case created 'five myths'

07:00 PM EST on Thursday, December 9, 2004

The Associated Press

Here are the "five myths" that U.S. District Chief Judge Ernest C. Torres accused the media of spreading in its coverage of the federal probe, and conviction, of Channel 10 reporter Jim Taricani, who was sentenced today to six months' home confinement for refusing to name a source.

- Myth #1: The premise of confidentiality is what allowed Taricani to uncover corruption that otherwise wouldn't have been made public, or been subject to punishment.

Torres' interpretation: Taricani, and his source, didn't "uncover" corruption. They made public a videotape that had been made by the FBI.

- Myth #2: Requiring a source to be disclosed would chill reporters' use of confidential sources.

Torres' interpretation: Taricani committed a crime because he knew the source was breaking the law when he gave him the tape. He should have complied with the court's order forbidding evidence be made public.

- Myth #3: Taricani was punished for doing his job.

Torres' interpretation: Taricani gathered the news by illegal means.

- Myth #4: Reporter has right to decide if source should be confidential.

Torres' interpretation: Reporters should not have such "exclusive, unreviewable authority." Their actions should be subject to court review.

- Myth #5: The court's order was an assault on the First Amendment's rights to a free press.

Torres' interpretation: First Amendment protects the press from censorship, not from a journalists' protecting a source who knowingly broke the law.

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