Hugo Black Quotes
In my view, far from deserving condemnation for their courageous reporting, the New York Times, the Washington Post and other newspapers should be commended for serving the purpose that the Founding Fathers saw so clearly.
Black, Hugo. New York Times Co. v. United States, 403 U.S. 713. Supreme Court of the United States, 1971, p. 717.
There has been a constant conflict between the government and the press regarding the right of a journalist to refuse to disclose his/her sources for a story or to reveal his/her notes or outtakes. Reporters would sometimes be subpoenaed and if they refused to testify or disclose the subpoenaed information, they could be held in contempt of court and fined, jailed or both. However, one of the major reasons reporters have been able to get information on the malfeasance and incompetence of government is that leakers and whistleblowers have been willing to provide information to the press is that they are confident that the press will not disclose the source. The courts have ruled that journalists have no special rights regarding subpoenas, so the outcome of the conflict depends on the political decision of the administration. For the 2nd Obama administration, this has his announcement that the Justice Department would not jail reporters who ignored subpoenas. However many proponents of a free press, do not want to depend on the decision of the Attorney General in office and want Congress to pass a Shield Law for journalists.
He wrote this before he became a Supreme Court Justice.
Hugo Lafayette Black was an American lawyer, politician, and jurist who served as a U.S. Senator from 1927 to 1937 and as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. A member of the Democratic Party and a devoted New Dealer, Black endorsed Franklin D. Roosevelt in both the 1932 and 1936 presidential elections. Having gained a reputation in the Senate as a reformer, Black was nominated to the Supreme Court by President Roosevelt and confirmed by the Senate by a vote of 63 to 16 (six Democratic Senators and 10 Republican Senators voted against him). He was the first of nine Roosevelt appointees to the Court, and he outlasted all except for William O. Douglas.