In a ruling USA Today describes as “draconian and perhaps unprecedented,” a judge has ordered one of its reporters to reveal the names of confidential sources or pay more than $45,000 out of her own pocket – without help from others, including her own newspaper – and to do so immediately, even pending appeal.

Friday’s ruling by U.S. District Judge Reggie Walton stems from reporting by Toni Locy in the 2001 anthrax case. Steven Hatfill was named a “person of interest” by then-Attorney General John Ashcroft, Hatfill denied involvement and was never charged. He sued the FBI and justice Department and subpoenaed Locy and other reporters to reveal who among their confidential sources had pointed the finger at him.

In an editorial entitled "Judge forces reporter to pick between sources, bankruptcy" USA Today says Locy’s use of whistle-blowers who sought anonymity made it possible to tell a more complete story of the government’s investigation.

"After the unsettling anthrax attacks, Americans were hungry for details of the government's investigation. Only by promising confidentiality was Locy able to provide that information."

In calling for a federal shield law, USA Today argues that it would not bestow a “unique privilege” but is necessary to get some stories that would otherwise be ot of reach.

"If the public interest is to be served, people must be able to speak to the press without fear of reprisal. That's the principle Locy is upholding. And that's the principle that Walton is jeopardizing by ordering Locy to make a life-altering and unfair choice — keep her word and go bankrupt or sell out sources to whom she promised protection."

USA Today editorial here.

Stories on the Tony Locy ruling here.