South Florida Sun-Sentinel — Free Flow of Information Act should be passed

• By: ASNE staff
• On: 08/10/2007 17:04:48
• In: Shield law editorials

ISSUE: Congress considers a federal shield law

South Florida Sun-Sentinel, Fort Lauderdale
Aug. 1, 2007

It wasn’t that long ago that a federal shield law was simply unnecessary. The constitutional right of a free press was broadly accepted, and protected enough from overzealous government bureaucrats, prosecutors and judges.

That was then; this is now.

Congress should act to address this issue today as the House Judiciary Committee considers HR 2102, “The Free Flow of Information Act of 2007.” The measure would establish a federal shield law setting ground rules for the protection of confidential relationships between reporters and their sources.

Florida has a shield law. In fact, almost all of the states either have such protection in law or recognize the legal privilege through court decisions. Still, that’s not sufficient protection from disputes involving federal agencies that aren’t subject to local laws or jurisdictions. In recent years, more than 40 reporters across the nation have been subpoenaed or questioned about their confidential sources in federal court.

Confidential sources aren’t simply perks of the media. They’re vital to the public. The investigative stories on the deplorable medical conditions for wounded veterans at the Walter Reed Army Medical Center, the doping scandals plaguing Major League Baseball, much less the Abu Ghraib prison scandal, would be impossible to obtain without confidential sources.

Forcing reporters to disclose their sources sets an unwanted, discrediting perception that journalists are nothing more than government tools. The resulting chilling effect would run counter to the Founding Fathers’ belief that this nation is best served by an informed public and a free press.

The bill before the House Judiciary Committee is a sensible solution that provides conditions for the government to compel disclosure but establishes enough safeguards to ensure that important information reaches the public. Journalists shouldn’t be the first option for civil litigants and prosecutors trying to obtain the identities of confidential sources.

The House panel should approve the bill. The public deserves that much.

BOTTOM LINE: Pass the Free Flow of Information Act.