Waco Tribune-Herald — Public’s right to know needs a shield

• By: ASNE staff
• On: 08/10/2007 13:50:05
• In: Shield law editorials

Waco (Texas) Tribune-Herald
Aug. 07, 2007

In the end, it is the public that needs a law that shields reporters from revealing their sources.

Last week, the House Judiciary Committee approved legislation to do just that.

Congress should pass the measure, HR 2102, sponsored by Rick Boucher, D-Va.

The federal bill is similar to one that appeared to have more than enough votes to pass in the last Texas legislative session.

Unfortunately, that state bill was derailed at the last moment. There wasn’t sufficient time to bring it up again before the session ended.

The similar bill passed by the House Judiciary Committee prevents journalists from providing compulsory testimony or being forced to produce documents or outtakes unless a court determines that the testimony or documents are “essential” to the investigation, prosecution or defense.

The District of Columbia and 33 states already recognize the need to shield reporters from revealing confidential sources except in certain circumstances.

Known as the Free Flow of Information Act, the legislation also has been introduced in the Senate.

If prosecutors or law enforcement officials can force reporters to reveal their confidential sources, turn over their notes or provide broadcasting outtakes, the ability of the press to obtain information from whistleblowers will dry up.

Regrettably, prosecutors and police officials often attempt to use reporters as a law enforcement tool by demanding to know confidential sources.

The First Amendment to the U.S. Constitution clearly states that Congress shall make no law that abridges the freedom of the press.

The reason for the constitutional protection of the press stems from the need to prevent government from interfering with the efforts of journalists to provide the public with information needed to ensure an informed electorate and preserve representative democracy.

News stories based on confidential sources have exposed scandals including Watergate, Enron, Worldcom, Whitewater, AdScam, Abu Ghraib and conditions at Walter Reed Army Medical Center.

The Justice Department currently has guidelines that are included in the Free Flow of Information Act. Those guidelines require prosecutors to establish that they are working on a major case, that a reporter’s information is critical to the case, and that the information can be obtained in no other way.

Explicit permission must be obtained from the attorney general before a subpoena can be issued to a reporter.

The shield law now before Congress requires reporters to hand over their information if it is deemed “necessary to prevent imminent and actual harm to national security.”

Perhaps the legislation can be fine-tuned to include a better definition of a “covered person” to prevent abuse by non-journalists.

In the name of good government, Congress should pass the Free Flow of Information Act.