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Newsday — Pass the shield law
- By: ASNE staff
- On: 10/01/2007 16:27:47
- In: Shield law editorials
Protecting reporters is in public interest
Newsday, Melville, N.Y.
Sept. 21, 2007
Confidential sources are a necessary evil for news reporters working to keep the public informed about the clandestine doings of government officials. Individuals with sensitive in
Protecting reporters is in public interest
Newsday, Melville, N.Y.
Sept. 21, 2007
Confidential sources are a necessary evil for news reporters working to keep the public informed about the clandestine doings of government officials. Individuals with sensitive information about powerful people or government wrongdoing will sometimes talk only if assured they will remain anonymous. That's why Congress should enact a federal shield law giving reporters a qualified privilege to withhold the identity of confidential sources. It would serve the public interest in honest, accountable government.
Many states, including New York, have shield laws. Now a bipartisan group of senators, including Sens. Charles Schumer (D-N.Y.) and Arlen Specter (R-Pa.), has introduced legislation for a similar federal law. The Senate initiative could inject some momentum into the effort to pass similar legislation in the House, where it has floundered.
The privilege wouldn't be absolute. It would allow federal courts to force reporters to disclose confidential information, but only if it is critical to a case or investigation, and only if the person seeking the information had exhausted all reasonable alternative sources. And the privilege wouldn't apply at all if disclosure would help prevent a terrorist attack, death, kidnapping or substantial bodily harm, or if it would protect the nation.
That's the sort of balancing act needed to promote the free flow of information and effective law enforcement. Confidential sources - whistleblowers by another name - deserve the protection.