Defending Your Principles With Prudence

By Doug White
Online Reporter

Miami Herald reporter David Kidwell knows that people can pay for standing up for their principles.

In October 1996, prosecutors subpoenaed Kidwell to testify about an interview he conducted two years earlier with a suspect on trial for murder.

Kidwell refused to disclose any information because he felt strongly that the First Amendment shielded him from being forced to release non-confidential information with on-the-record sources.

The judge didn't see it that way. He found Kidwell in contempt of court and sentenced him to 70 days in jail.

After losing his initial state appeal, Kidwell stood his ground and went to jail. The case sparked national attention and a federal judge finally released the reporter after two weeks behind bars.

Kidwell's case was one of the examples that eventually led to the enactment of Florida's shield law, which helps protect journalists from having to release information attained during newsgathering.

These days, Kidwell frequently fields phone calls from other reporters who have found themselves in legal hot water. While each situation differs, Kidwell encourages journalists to stand up for their principles.

"Principles are not meant to be comprised," Kidwell said. "We (journalists) give up the fight too often."

Kidwell's advice for high schoolers, however, differs from what he tells professionals because the rules of the game are inherently different.

Kidwell does not suggest students act on their own and openly defy a school administration because "students do not have professional editors, lawyers, and publishers guiding them and looking over their shoulders."

"Student journalists have to have oversight," Kidwell said. "Most have advisers who, a lot of time, are paid by administrators."

He says these relationships can create conflicts, but students have to deal with the problems in a practical manner.

"If a student newspaper feels it’s being treated unfairly, or being interfered with to an inappropriate degree, instead of openly defying they should try to seek out the counsel of a local newspaper," Kidwell said.

Kidwell said a professional newspaper person could advise students on whether a certain story is appropriate for publication or broadcast.

"Before a student editor does something that's going to ruin their life or injure his or her credibility, they should seek help on an independent basis," he said.

In big cities with large media outlets, Kidwell suggests contacting the organization's ombudsman. In smaller cities there are still many options. He suggests making the initial call to the paper's education reporter. If that doesn’t work, he says, call the city editor and go up the line to the managing editor or publisher until you get a response.

"Just keep calling until you get someone's attention," Kidwell said. "And you will get somebody’s attention."