Back in June, when New York Times reporter Judith Miller was about to go to jail on contempt charges for refusing to testify about her anonymous sources, she and the Times had company in legal hot water: Matthew Cooper and his bosses at Time magazine. Both journalists were subpoenaed by prosecutor Patrick Fitzgerald, and both were alternately praised as First Amendment heroes and vilified as arrogant media elitists. But on June 9, in a move that took many by surprise, Time Inc. surrendered the magazine’s notes to Fitzgerald and revealed its anonymous source in the Valerie Plame/Karl Rove/Joe Wilson/Robert Novak saga.
That much is well-known. What isn’t widely understood is the role that may have been played by a law that most people don’t associate with free press issues, the Sarbanes-Oxley Act, passed in the wake of the Enron scandal, along with related crackdowns on corporations.
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