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Written by Frank Clynes In 480 BC at the pass of Thermopolae, some 300 Spartans held their ground against an invading Persian army and fought to the last man. Although eventually outflanked and defeated, they inflicted great casualties on the Persians, which ultimately led to the preservation of the worlds first Democratic republic. There was something of this fighting spirit in Paul Pappas, one of WTEV's first news photographers. As a young sailor in World War II, he had fought on three Naval ships that were sunk by the Japanese. Later in life he survived one of the first heart bypass operations. But he is best known for the Pappas v. Dinis case, which went all the way up to the US Supreme Court. At issue was freedom of the press, and the essential need for journalists to protect the confidentiality of their news sources. His adversary was District Attorney Edmund Dinis. It began on July 30, 1970. He intended to cover a Black Panther news conference at that group's headquarters in a boarded-up store. When he arrived, he found the streets around the store barricaded, but he ultimately gained entrance to the area and recorded and photographed a prepared statement read by one of the Black Panther leaders at about 3pm. He then asked for and received permission to re-enter the area. Returning at about 9 o' clock, he was allowed to enter and remain inside Panther headquarters. As a condition of entry, Pappas agreed not to disclose anything he saw or heard inside the store except an anticipated police raid, which Pappas, "on his own," was free to photograph and report as he wished. Pappas stayed inside the headquarters for about three hours, but there was no police raid, and he wrote no story and did not otherwise reveal what had occurred in the store while he was there. Two months later, he was summoned before the Bristol County Grand Jury and appeared, answered questions as to what he had seen and heard outside Panther headquarters, but refused to answer any questions about what had taken place inside headquarters while he was there, claiming that the First Amendment afforded him a privilege to protect confidential informants and their information. His motion to quash on First Amendment and other grounds was denied by the trial judge who, noting the absence of a statutory newsman's privilege in Massachusetts, ruled that he had no constitutional privilege to refuse to divulge to the grand jury what he had seen and heard, including the identity of persons he had observed. The case was eventually reported for decision to the US Supreme Court. The record there did not include the expected nature of his testimony, the nature of the grand jury investigation, or the likelihood of the grand jury's securing the information it sought from petitioner by other means. The court concluded that "the obligation of newsmen . . . is that of every citizen . . . to appear when summoned, with relevant written or other material when required, and to answer relevant and reasonable inquiries." With this decision, the case was returned to the Bristol County Grand Jury. However, Paul Pappas had no intention of breaking his solemn word, not even for the United States Supreme Court. He informed the new District Attorney Phil Rollins, that he would not answer the summons. In the two years that had passed since the case began, the Commonwealth of Massachusetts along with most of the other states in the union, had created statutory newsman's privilege shield laws, because of his fight. Finally it was the Superior Court that capitulated. Judge Frank Smith dismissed all charges against the defendants, and sent the Grand Jury home, without Paul ever appearing before them. Paul Pappas had snatched victory from the jaws of defeat, and earned himself a place in history. In later years, Paul's doctors had warned him that his heart was only beating at half it's normal pace. But he preferred to continue working rather than retire. On one sunny morning a few years ago, while lifting his video camera to shoot another assignment, Paul collapsed and died - doing what he loved best.
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