On Wednesday, U.S. District Judge Thomas Hogan decided Judith Miller should go to jail for refusing to testify in the Valerie Plame case. Miller, a New York Times reporter, accepted jail. Time magazine reporter Mathew Cooper, on the other hand, decided to testify, saying he had obtained permission from his source.

Cooper’s decision to testify has set a bad precedent for the way cases like this will be tried in the future.

Many people agree that forcing journalists to testify in federal cases is bad for journalism, because confidential sources who are scared for their jobs or safety would no longer be able to be assured of their confidentiality. However, the way this case has been tried, does it set a precedent that is bad for the country?

One of the roles of journalists is to serve as a check on government power. In the post Sept. 11 world, where laws such as the Patriot Act exist and government officials are tight-lipped about several issues, there must be a body that can report on cases where the government mishandles its power. Such cases are usually brought to light by confidential sources.

A Los Angeles Times editorial declared that the new front in the Justice Department’s war on terror is the battle against press freedom. We agree with this statement.

Miller, whose sentencing began Wednesday, is a prisoner of this war. Cooper, on the other hand, who gave up his principled stand not to testify, is a casualty.

Regardless of whether he got permission from his source to testify, the government shouldn’t be able to ruffle journalists or their sources to change their stand — especially when others who could be used to investigate a case haven’t been exhausted.

On Dec. 9, Jim Taricani was sentenced to jail for refusing to tell who gave him a tape of a former Providence mayor’s top aide taking a bribe.

On Nov. 17, the Denver Post was subpoenaed by the U.S. Air Force for publishing an article that revealed a gang rape by airmen.

These cases would never have been brought to light without confidential sources.

Therefore, to ensure the government is held accountable, the relationship between journalists and confidential sources needs to be protected. That protection should come in the form of a federal shield law that defines clearly when journalists are required to testify.

One of the requirements should be that alternative resources aiding the investigation should be used up. This requirement was clearly not met in the Valerie Plame case.