One of my biggest gripes with Monopoly was the ways you went to jail.
The game provides three ways to go to jail. First, you could land on the "Go To Jail" spot on the board. Second, you could draw the "Go To Jail" card from Community Chest or Chance. Third, you go to jail for rolling doubles three times in a row.
Basically, by being in a certain place, drawing a card as the rules of the game command, or by taking a roll of the dice, you could wind up in jail.
Welcome to the world of San Francisco Chronicle reporters Mark Fainaru-Wada and Lance Williams. For being in a certain place, playing the rules of the game and taking a roll of the dice, they've been sentenced to jail for 18 months.
Media are cringing over this. If you're not, you should be.
Here's the deal: Fainaru-Wada and Williams basically proved beyond a reasonable doubt that steroids were a major part of professional baseball and, in particular, the San Francisco Giants' speedy leadoff-hitter-turned-lumbering-slugger Barry Bonds. Of course, part of that was because somebody (likely a Dodgers fan) leaked grand jury testimony to the reporters.
Since grand jury testimony is supposed to remain secret, it's no surprise the government isn't all that thrilled to see said testimony being published for the world to see. It's also a crime to divulge that testimony.
So, how do the reporters fit in? Well, the government wants to know who did the leaking. But the reporters gave the source a promise of confidentiality and are refusing to reveal the sources.
So, is the government acknowledging this long-standing tradition of journalists using confidentiality to obtain information important to the public that wouldn't be know otherwise.
Of course not. That makes too much sense The handcuffs are being slapped on the reporters' wrists.
What's the big deal, though? If the government wants to know who committed a crime and is jeopardizing the integrity of grand juries, why not turn it over?
The reason is that there would be another integrity compromised if the reporters turned over the information — the integrity of journalists' promise of confidentiality, which in my mind is just as crucial to democracy as grand jury secrecy.
I think that's what so many who are yelling to throw away the key are missing. That and they're blinded by a general dislike of media.
If Fainaru-Wada and Williams broke their promise of confidentiality to the source, they will have acted as an investigatory arm of the government. The American press, in principle, is to be a totally separate entity from the government—free to roam without official persecution from elected or appointed officials.
The idea of that is akin to the federal government's checks and balances system it has in place for itself. The media is to act as an independent checker of the government as a whole.
So turning into an investigatory arm of the government's not really the way to go.
In sentencing the two reporters, the judge told they "hold the keys to their jail cell." In other words, they themselves determine when they would be released from prison by choosing the reveal the source.
I want to correct the judge here (not something I do all that often). The person that holds the key to the jail cells isn't the reporters; it's the source. All the source has to do is agree to release the reporters from the promise of confidentiality (in other words, face the music themselves) and all is well.
It's that source the government really wants anyway, not the reporters.
But maybe there's a correction due there as well. The person that really held the keys was the judge himself.
But it was easier to jeopardize the First Amendment.
For more, I forfeit time to Chronicle columnist C.W. Nevius:
We will say this is when baseball and other sports finally acknowledged the unpleasant truth, that performance-enhancing drugs are a huge problem. We will say that this is when a shield law for journalists, allowing them to protect confidential sources, became a matter of public debate. (A bill for a national shield law was recently introduced by Republican Senator Arlen Spector.)
And it will be the moment, for good or ill, when the spotlight swung to Mark Fainaru-Wada and Lance Williams. It is entirely possible that they have reserved their place in school textbooks, just down the page from Woodward and Bernstein. For years to come they will be "those BALCO guys.''
One can only hope.