Bucyrus Telegraph-Forum — Protect free flow of information

• By: ASNE staff
• On: 05/08/2007 11:28:03
• In: Shield law editorials

Bucyrus (Ohio) Telegraph-Forum
May 4, 2007

It's ironic that we live in the Information Age and have no clear national rules to maintain an unfettered flow of news to American citizens.

The proposed "Free Flow of Information Act" being introduced to Congress, a bill with bipartisan support, would help correct that flaw by setting a federal standard for protecting confidential sources and journalists working to provide critical information.

Supporters say 32 states and the District of Columbia have "shield" laws in state courts and 17 other states have recognized a reporter's privilege as a result of judicial decisions.

However, there is no uniform set of standards to govern federal courts regarding when testimony can be sought from reporters.

It's perhaps more critical than ever before for newspapers and other media to maintain their watchdog role on government, especially at the federal level.

Forcing reporters to testify and reveal the identity of confidential sources limits the ability of the media to gather information and restricts its ability to make public important issues such as waste, fraud and abuse in government and in the private sector.

The proposed legislation helps provide guidelines both sides can understand and operate within.

Among other things, the "Free Flow of Information Act:"

• Provides journalists with a qualified privilege as to sources and information. The bill would require journalists to testify at the request of criminal prosecutors, criminal defendants and civil litigants who have shown by a preponderance of the evidence they have met the various tests for compelled disclosure.
• Establishes that a confidential source's identity can be compelled if disclosure is necessary to prevent "imminent and actual harm" to national security, to prevent "imminent death or significant bodily harm," or to identify a person who has disclosed significant trade secrets or certain financial or medical information in violation of current law.
• Protects information that may reveal journalists' confidential sources when that information is held by telephone companies, Internet service providers and other communications providers.

We urge Ohio lawmakers, including 82nd District Rep. Steve Reinhard and 26th District Sen. Larry Mumper, to give this legislation their support and to assist in its in its passage.