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About Oregon daily emerald. (Eugene, Or.) 1920-2012 | View Entire Issue (June 30, 1966)
Buchanan Fined... (Continued from piigr 1) Annette Buchanan made a promise in good faith,’’ Johnson said. “All she has done is to steadfastly stand by that promise. “Nothing is more essential to the process of justice than honesty and integrity. Annette Buchanan’s word was her bond," he went on as Leavy listened intently, his chin resting on his hand. Johnson cited cases to show that, when contempt is not com mitted in the presence of the judge, willful intent to bring dishonor and disrespect on the court must be shown. He refuted Frye’s “mechanical” approach, which was that Miss Buchanan had violated a court order and was therefore in con tempt.” ACT PLUS INTENT “It is not just the act which brings the contempt but the act combined with willful intent to bring dishonor on the court," Johnson said. He pointed out that Miss Buchanan has refused the “easy out" of saying she didn’t remember the names of the students. He reiterated his view that forcing a reporter to reveal sources of information can be an abridgement of freedom of the press. “The state has not shown that this information is essential to the administration of justice and not otherwise available," two condi tions Johnson says should be met before a reporter is forced to reveal sources of information. He cited cases which said each case should be weighed on its merits. GENERAL INQUIRY He also noted that a press release issued by Frye when Miss Buchanan was first subpoenaed indicated that the Grand Jury inquiry was a general one "as much to allay public fears" about the drug problem as to find its sources. Johnson called it “an insult to the fine police agencies of Lane County that a 20-year-old reporter can get information in one evening which is not available to the police.” In his 40-minute rebuttal of Johnson’s arguments, Frye said, “This is not a case involving freedom of the press. It involves the law of the land and the dignity of this court." He said the key issue was "the power of the court to enforce its decrees.” “TOO SIMPLE” He said it was "too simple” to plead the case on the basis of the First Amendment to the Constitution. "No court has yet held that the First Amendment allows a reporter to withhold sources. The First Amendment is not a protection for the press. It is a protection for the public.” He argued that the question of willfulness and intent was appli cable only on the question of punishment. Frye also attacked the press coverage of the case. He said he had been ‘‘pilloried by some of the press” and the court had been "castigated” by the press. He said the case “has created the interest it has because it has the interest of a vocal group which has the tools to build that interest.” He also said the Grand Jury had a “legitimate right” to ask Miss Buchanan for the names. “It is conceivable that other persons have the same information,” he admitted, "but I know of no law that allows one witness to be silent because others are able to testify.” He said, “it is established without a doubt that journalistic privilege must be statutory” and that in the absence of statute there is no privilege. Frye maintained that “there is no more reason to grant anony mity to a journalist than to any other group” and pointed out that “there is not one case which has permitted a witness to avoid punishment because he is a member of a particular group.” Referring to a statement made by Stephen Still, managing editor of the Oakland, Calif., Tribune the day before, Frye said, “It was incomprehensible to me to hear an editor say that a journalistic tradition should rise above the law.” He said there was "no evidence that the procedures followed with this witness were not normal.” AT COLE'S Students & Faculty Get 10% DISCOUNT on cash purchases $1.00 & over AT TIME OF PURCHASE SUPPLIES > 125 E. 11th 345-4001 Forest Center Gets Anonymous Donation The Forest Industries Manage ment Center in the University School of Business Administra tion has received an anonymous gift of 300 shares of common stock in United States Plywood Corporation. Given as the Carl M. Christen son Memorial, income from the stock and a small amount of the principal will be used to estab lish a Carl M. Christenson Grad uate Assistantship in the Center. KEEP COOL All Summer lon» MALTS AND SHAKES BANANA SPLITS SUNDAES FLOATS SODAS HAMBURGERS AND FRENCH FRIES HOT DOGS ONION RINGS CHEESE BURGERS 13th & Hilyard Privilege for Newsmen McCall Will Back New Law PORTLAND (UPI)—Secretary of State Tom McCall has moved into the Annette Buchanan case with an offer to Oregon's publish ers and broadcasters to spear head a drive for legislation to Hulteng Says Law Needed John L. Hulteng, dean of the University’s School of Journal ism, has issued a statement con cerning the Annette Buchanan case. Part of Hulteng's statement: “It is essential to the function ing of our representative system of democracy that the public have the benefit of a full, free (low of news. “The press does not usually conceal its sources. Typically, a news account fully and clearly indicates the source of the news it reports. But in some situations, in order to put before the public cer tain kinds of news that the pub lic needs to know about, reporters must accept news in confidence and publish it without identifica tion. They do this because they could not otherwise obtain such news. In these circumstances, the press should not be subjected to harassment by prosecutors bran dishing the threat of contempt proceedings to force disclosure of confidential sources. “Only when a clearly overrid ing public need requires such dis closure—and even then only aft er carefully weighing the grave risks involved—should the prose cutors or courts attempt to take any action that would inhibit the freedom of the press to obtain and report the news. “Until the current case against Annette Buchanan was initiated by the district attorney of Lane County, there had not been any such attempt in Oregon. Now we have before us the record of this case. That record suggests that the time has come to seek statu tory recognition of the right of newsmen to protect the confiden tiality of their news sources when such action is necessary to the historic and constitutionally un derwritten mission of the press.” protect the identity of confiden tial news sources. "There are 13 states in the nation enforcing legislation sup porting the media and their right to remain silent as to who and where their news sources arc. Whether Oregon follows In their footsteps will depend on news paper, radio and television indus tries uniting together in a de mand for such legislation,” Me Call said Tuesday. In an offer to officials of the Oregon Newspaper Publishers As sociation and the Oregon Associ ation of Broadcasters, he said he would push Tor an appropriate law. McCall, a former television news commentator, said: “'With out the confidence of anonymous news sources, much of the news, as well as answers and truths concerning criminal actions, would he lost. It is not realistic to ask a news contact to Jeopardize him self in order to expose a criminal or unjust action. "Since the ethic is useful be yond doubt to a free press, then it seems to me the law should be changed to facilitate t h e functioning of the ethic," he said. 13th Ave. Laundromat 365 E. 13th WASH DRYER Coin I Bill Changers Vending Machine* Heir Dryer* Weekday Laundry I Ironing Complete 24 Hour Laundry Service C. SHAW SMITH and FAMILY in uc c ,r Saucy Sorcery Family Entertainment with Magic, Humor, and Music Tuesday, July 5 8:00 p.m. STUDENT UNION BALLROOM Tickets: Children~(under 12) $.50; Students—$1.50; Adults—$2.50 ERB RECREATION Summer Events Hours Monday . 9:00 a.m. to 9:15 p.m. Tuesday. 9:00 a.m. to 9:15 p.m. Wednesday . 9:00 a.m. to 10:45 p.m. Thursday . 9:00 a.m. to 9:15 p.m. Friday . 9:00 a.m. to 9:30 p.m. Saturday . 10:00 a.m. to 9:30 p.m. Sunday. 12:00 a.m. to 6:45 p.m. BOWLING: OPEN PLAY 25c per line 10c shoe rental Free shoes to couples and families Wed. Evenings—Beginning June 29: Mixed 4-Some League at 7:00 p.m. SIGN UP IN BASEMENT OF STUDENT UNION BILLIARDS: 75c per hour per table SHUFFLE BOARD: 60c per hour per table TABLE TENNIS: 30c per hour per table CANOEING on the Millrace: 75c per hour per canoe 7 days a week—1:00 p.m.-9:00 p.m.-weather permitting
