Contra Costa Times — Pass federal shield law

• By: ASNE staff
• On: 05/08/2007 11:30:18
• In: Shield law editorials

Contra Costa Times, Walnut Creek, Calif.
Article Launched:05/04/2007 03:05:45 AM PDT

MOST STATES HAVE LAWS that protect journalists from revealing confidential sources. These laws recognize that, at times, the only way journalists can obtain information critical to public disclosure of wrongdoing is to grant confidentiality to their sources.

Unfortunately, there is no such protection in federal law despite several attempts to write a so-called shield law for journalists. As a result, there is no standard in federal court to decide when testimony can be subpoenaed from reporters.

Opponents of a federal shield law claim that it would obstruct efforts by law enforcement officials to collect evidence and solve crimes.

Justice Department spokesman Erik Ablin said, "In criminal cases, we only ask the press to reveal confidential source information via subpoena when needed to solve serious crimes, and when we cannot get the evidence elsewhere." He added that such requests were "extremely rare," citing the use of subpoenas for media sources in fewer than 20 cases in the last 15 years.

What Ablin did not say is that the Justice Department has issued 65 subpoenas to journalists under the Bush administration.

John Sturm, president and CEO of the Newspaper Association of America, said reporters are "increasingly becoming the first stop rather than the last resort" for prosecutors seeking information.

The obvious need for a federal shield law may be met this year. A bipartisan group of lawmakers introduced legislation Wednesday that would protect journalists from being forced to reveal their confidential sources.

"This is not about protecting reporters. It's about protecting the public's right to know," Rep. Mike Pence, R-Ind., said at a news conference to announce the bill. He is co-sponsoring the bill with Reps. Rick Boucher, D-Va., and John Yarmuth, D-Ky.

Boucher said the measure answers the Justice Department's concerns by making exceptions for cases of "imminent and actual threats" to national security, trade secrets and personal financial or medical information.

A similar bill also was introduced Wednesday in the Senate by Sens. Richard Lugar, R-Ind., and Christopher Dodd, D-Conn.

There is no good reason for anyone in Congress to oppose a reasonable shield law that ultimately is designed to allow journalists to perform their roles as watchdogs and keep the American people informed about their government.