Last week, U.S. District Judge Thomas Penfield Jackson held five journalists in contempt for refusing to divulge information critical to Wen Ho Lee’s privacy lawsuit against federal government officials, fining them each $500 per day.
The newspaper industry has condemned the ruling for its “chilling effect” on reporting. It’s possible that the five will refuse to pay the fine and go to jail in the name of a free press.
But who is talking about the chilling effects on Asian Americans?
Lee’s incarceration far exceeded the time and consequences facing the journalists. The nuclear scientist was held in solitary confinement for 278 days without the benefit of a trial that the five journalists had. Lee was never charged with espionage. Out of the 59 counts, 39 carried potential life sentences; 58 were eventually dismissed. Lee was freed after a plea bargain on one count of mishandling data.
Even the president of the United States and the federal District Court apologized to Lee.
Major American newspapers, however, steadfastly carried the “journalistic” party line. The New York Times remained defiantly “proud” of its work even while admitting that there were “things we wish we had done differently.” Last week, the Associated Press condemned Lee’s court victory. There was not a single story of Asian Americans praising the victory for their community.
All this points to the tremendous power and stubbornness of America’s mainstream news media. They will hold fast, even when the president of the United States backs down. That is an important lesson for Lee’s legal team.
No doubt this is a major victory for Lee and all APAs. But it is only the first step. It should be clear that the appellate court battle will be monumentally more difficult. The most established, entrenched and well-paid lawyers will be fighting against Lee.
The smartest thing Lee and his lawyer, Brian Sun, can do is assemble a top-flight team of constitutional law experts for the major battle ahead.
The most satisfying thing our community should be doing is celebrating this moment, for victories like this are far and few between.