The United States Supreme Court declined to weigh whether journalists have special free speech protections which allow them to avoid being forced to testify in government leak cases on Monday, according to The Associated Press.
The court rejected an appeal filed by New York Times reporter James Risen, the AP reported. The court ruling means the July 2013 ruling by the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals will remain intact, meaning Risen must testify in a high-profile case.
Prosecutors want Risen's testimony because they think information in his book, "State of War," was leaked by former CIA officer Jeffrey Sterling, according to the AP.
Sterling was indicted on 10 charges relating to Risen's book in 2010, including unauthorized retention and communication of national defense information, the AP reported.
Last week, Attorney General Eric Holder told a group of media executives that no reporter would ever be jailed while he is in office for carrying out news gathering duties, according to the AP.
Last summer the Justice Department also pledged to tighten its criteria for targeting journalists in leak cases, the AP reported. The appeals court ruling concerned a 2011 subpoena that Holder authorized in relation to Sterling's trial, which has yet to take place.
Risen responded he could not be compelled to testify, according to the AP. The appeals court ruled that there is no "reporter's privilege" under the First Amendment's guarantee of freedom of speech, meaning journalists do not receive special treatment.
Risen has refused to speak with government attorneys about his sources, and he didn't testify before the federal grand jury that indicted Sterling in 2010 on charges of unauthorized retention and communication of national defense information, unauthorized conveyance of government property, mail fraud and obstruction of justice, the AP reported.
The Associated Press and many other leading news organizations supported Risen's appeal. Also backing Risen was the Reporters Committee for Freedom of the Press, which said Risen's rejection by the high court should prompt Congress to pass "a robust federal shield law."
