What are the obligations of the press in wartime?

The New York Times is attempting to defend their disclosure of the highly classified terrorist-financing-tracking program by the “the Wall Street Journal did it too…” The Wall Street Journal editorial page editors explain why that is complete rubbish. They also detail the complete separation between the decision-making of the news and editorial sections of the WSJ.

“Not everything is fit to print. There is to be regard for at least probable factual accuracy, for danger to innocent lives, for human decencies, and even, if cautiously, for nonpartisan considerations of the national interest.”

So wrote the great legal scholar, Alexander Bickel, about the duties of the press in his 1975 collection of essays “The Morality of Consent.” We like to re-read Bickel to get our Constitutional bearings, and he’s been especially useful since the New York Times decided last week to expose a major weapon in the U.S. arsenal against terror financing.

President Bush, among others, has since assailed the press for revealing the program, and the Times has responded by wrapping itself in the First Amendment, the public’s right to know and even The Wall Street Journal. We published a story on the same subject on the same day, and the Times has since claimed us as its ideological wingman. So allow us to explain what actually happened, putting this episode within the larger context of a newspaper’s obligations during wartime.

We should make clear that the News and Editorial sections of the Journal are separate, with different editors. The Journal story on Treasury’s antiterror methods was a product of the News department, and these columns had no say in the decision to publish. We have reported the story ourselves, however, and the facts are that the Times’s decision was notably different from the Journal’s.

According to Tony Fratto, Treasury’s Assistant Secretary for Public Affairs, he first contacted the Times some two months ago. He had heard Times reporters were asking questions about the highly classified program involving Swift, an international banking consortium that has cooperated with the U.S. to follow the money making its way to the likes of al Qaeda or Hezbollah. Mr. Fratto went on to ask the Times not to publish such a story on grounds that it would damage this useful terror-tracking method.

Regular SeekerBlog readers will recall the Groseclose/Milyo study “A Measure of Media Bias”. One of the conclusions of that study was that the Wall Street Journal news pages are slightly to the left of the New York Times. There is in fact a “wall” between the news/editorial page content at the WSJ.

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