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San Francisco Chronicle — Shield law must advance

San Francisco Chronicle
Oct. 3, 2007

This country is justifiably proud of its press freedoms, but on one count - a federal shield law for reporters - an important guarantee is missing.

For readers of this paper, Example A is the BALCO case. Two Chronicle reporters c

San Francisco Chronicle
Oct. 3, 2007

This country is justifiably proud of its press freedoms, but on one count - a federal shield law for reporters - an important guarantee is missing.

For readers of this paper, Example A is the BALCO case. Two Chronicle reporters cited secret federal grand jury testimony to detail a world of drug use that taints baseball. Within months, the sport began a crackdown on the problem, a step that likely would never have happened had the steroid story remained secret.

But the reporters faced prison time for refusing to name their source when prosecutors demanded their sources. After promising confidentiality, the reporters found they had no shield in federal court, though California law provides this protection.

It's not an isolated case. The Newspaper Association of America found more than 40 reporters and media outlets were challenged in federal court to produce confidential material.

A proposed shield law, though less than absolute, is before the Senate Judiciary Committee on Thursday. The measure would oblige reporters to reveal a source in the name of national security or imminent danger, two acceptable exceptions.

Sen. Dianne Feinstein, D-Calif., a member of the Judiciary committee, had asked for these exceptions. Now that these changes are included, it's important that she support the new version of the shield law. A similar House bill passed earlier this year.

The shield measures would bring federal law into line with the overwhelming majority of states that recognize confidential sources are essential to reporting the news - and protecting the public's right to know.

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