Deep Throat and the First Amendment

First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Last week, 30 State Attorneys General made an appeal to the United States Supreme Court in a bid to protect Journalist’s from legal sanctions when they refuse to divulge their anonymous sources. Initially, I found the appeal to be somewhat perplexing because State Attorney Generals (AG's) are typically challenged and even limited by the First Amendment when they seek to secure information from Journalists. Weakening the First Amendment could benefit AG's. It affords them a direct opportunity to go after Journalists who have thus far relied upon the First Amendment to protect their sources.

However, the recent revelation by 91 year old FBI Agent W. Mark Felt who stepped forward after three decades of anonymity and identified himself as the famed confidential informant, “Deep Throat” of the Watergate Scandal provides a timely example of why weakening the First Amendment is not a good idea. Because of his position in the FBI, Agent Felt clearly could not have passed on his information to the Washington Post Journalists without the protection of his anonymity. Because of his cooperation, the Journalists in turn were able to expose corruption that led all the way back to President’s office. The scandal proved so damaging that Richard Nixon resigned from his office of Presidency because he faced impeachment. Special Agent Felt brought down a crooked administration specifically because his identity was protected. To their credit, Bob Woowdard and Carl Bernstein never revealed their source.

Imagine what would happen if Felt did not have such protection? Our Founding Fathers were wise to have made that guarantee in the First Amendment. It provides a critical buffer for Democracy against power grabs. It precludes even those with the most power in the land from side stepping the Constitution when they decide to usurp the law. Moreover, it affords individuals an opportunity to expose corruption of those more powerful without fear of reprisal.

I must say, I am, impressed that the AG's from so many states in the union have shown vision and courage in their appeal which, if successful will serve to weaken their respective positions when dealing with Journalists who refuse to reveal their sources. I applaud the effort because these AG's are demonstrating their commitment to preserving the Constitution and maintaining its position of strength even if it makes their jobs more difficult.

Patricia Madrid, New Mexico’s State Attorney General represents New Mexico as one of the thirty states who have petitioned the Supreme Court.