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Rocky Mountain News — Bonds case illustrates need for shield law

Rocky Mountain News, Denver
Aug. 1, 2007

Whatever you think of Barry Bonds hero, villain, or something in between the San Francisco slugger’s quest for the all-time home run lead is entwined with a genuine injustice, one that the House Judiciary Committee should begin to c

Rocky Mountain News, Denver
Aug. 1, 2007

Whatever you think of Barry Bonds hero, villain, or something in between the San Francisco slugger’s quest for the all-time home run lead is entwined with a genuine injustice, one that the House Judiciary Committee should begin to correct this week.

The committee has scheduled a vote on H.R. 2102, a federal shield law for journalists.

The bill, which has bipartisan support, would protect reporters in most instances from the threat of prosecution if they refuse to disclose confidential sources. Case in point: the two San Francisco Chronicle writers who faced jail time because they wouldn’t identify the person who leaked grand jury testimony from the federal steroid probe that ensnared Bonds, Jason Giambi and other marquee pro athletes.

The source eventually came forward, so the journalists were never locked up. But though the reporters broke no law, federal prosecutors could have imprisoned them indefinitely.

That’s an outrage, and H.R. 2102 is an antidote. The bill would pre-empt abuses by affording journalists in federal lawsuits the same “shield” protection provided by 33 states, including Colorado.

It’s a carefully crafted measure. The government could still pursue cases against media outlets that use confidential sources to disclose the operational details of anti-terrorism actions, for instance. Nor would the shield apply to reports that reveal industry trade secrets or confidential financial and medical information that is now protected by law.

The bill should, however, rein in vindictive prosecutors with vendettas against certain journalists.

It would also give whistleblowers more confidence that they could provide information to journalists and that their pledges of confidentiality would be protected.

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