Harvard Faculty Discusses Future Of Farber Case

Despite the release of New York Times reporter Myron Farber on Tuesday, Harvard faculty do not believe that the discussion of confidentiality in sources has come to a close.

After spending 40 days in jail for refusing to turn over his notes to the court in the Jascalevich murder trial, Farber was freed when the case went to jury because his notes were no longer needed for the trial.

The Times is currently appealing the issue to the Supreme Court. Allen Dershowitz, professor of Law, said yesterday the court should soon decide this issue and not leave to the states the power to incarcerate reporters who are merely trying to follow the advice of legal counsel.

James C. Thompson, curator of the Nieman Fellowships, said yesterday he was "unsure if the New York Times is on the right course. Bad law is made out of bad cases, and I'm not sure this was a very strong case. The New York Times chose to stand firm, and at least emerged intact from this confrontation."

Milton Katz, Stimon Professor of Law, said yesterday that the success of the Times' appeal will depend on whether the court feels the significance of the issues involved justifies further action, since they are no longer germane to the Jascalevich case.

The court ruled on a similar case in 1972 in which the reporter lost, Katz said, adding that the court will not rule the case moot if it wishes to overturn or strongly reaffirm this decision.

If the court hears the case, The Times might try to recoup the fines it has paid, totaling $285,000.

Frank A. Vanriper, Neiman Fellow from the New York Daily News said, "It is not the black and white case I would have preferred it to be. It's a tragedy that any of us go to the can. I have to regularly promise I'll go to jail to protect a source."

Robert M. Porterfield, Neiman Fellow and Pulitizer Prize winning writer from the Anchorage Daily News shared Vanriper's sentiments, saying, "The first amendment is more important than the sixth; we are not a tool of the law."