Congress shall make no law...

On occasion of Judith Miller’s 55th day in jail, The New York Times has scribed an editorial today renewing their call for her release. And while the Grey Lady’s editorial board may be a notoriously wrong-headed body of liberal nonsense, they have a point here.

I have discussed the merits of the Valerie Plame affair before and will avoid re-hashing the details other than to say that if anyone ought to be in jail, it is Joseph Wilson. But what is important here is the fundamental concept of jailing a journalist for doing her job. It is so easy for Americans to scoff at Cuba, much of the Middle East and China for their lack of speech rights. But it is the US that is currently incarcerating a reporter from the world’s most recognized newspaper.

It is not as though Ms. Miller committed some criminal act as a private citizen. Journalists are not above the law, and many are incarcerated for perfectly legitimate reasons. But Ms. Miller’s crime was gathering facts for a story (one, incidentally, she never ran).

The press is located at the heart of the First Amendment. Our framers very much intended it to be an additional, independent check on the government. That is the priceless service provided by a “free press.” But Ms. Miller is not free. And until she is released, the press will not be either.