El Paso Times — Shield law: Both media, public benefit from openness

• By: ASNE staff
• On: 10/09/2007 10:45:53
• In: Shield law editorials

El Paso (Texas) Times
Oct. 8, 2007

Both the media and the public came out winners Thursday when the Senate Judiciary Committee approved legislation that would prevent reporters from being forced to reveal their source in some federal court cases.

The measure passed by a respectable 15-2 vote.

Also on Thursday, House Speaker Nancy Pelosi, D-Calif., told a meeting of Associated Press managing editors that the full House would vote on a similar bill later this year. "This is fundamental to our democracy and fundamental to the security of our country," she said. "We will bring something to the floor this year, before the end of this session."

Despite the 15-2 Senate committee vote, the legislation might be in for some rough going in the Senate. Some senators have come out against the bill on the grounds that it might put law enforcement and intelligence agencies at a disadvantage when they're trying to unearth the sources of leaks that could hurt national security.

That argument, also espoused by the White House, doesn't hold a whole lot of water because the bill would include certain exemptions, such as when terrorist acts are being investigated. And an amendment sponsored by Republican Sen. Sam Brownback of Kansas wouldn't allow the shield protections to apply to terrorists, foreign agents and accused spies.

It could be suspected that there are other reasons that lawmakers might not want a shield law enacted.

The federal protection of sources' identities could well lead to more people coming

forward with evidence of wrongdoing in government agencies and offices. If potential whistleblowers are afraid to come forward for fear of retribution, for example, they might not supply journalists with pertinent information and matters that should be out in the open might remain cloaked by fear.

Obviously, media are in favor of such legislation. In fact, more than 50 news outlets have come out in favor of the bill.

The general public also should get solidly behind this legislation. The public's right to know -- your right to transparent government and knowing what your government officials are doing -- hinges upon this legislation and other so-called "sunshine laws." And any attempt by government officials -- local, state or federal -- to stifle such right should raise a red flag.

The House should pass its version of the shield legislation, and the Senate should follow suit.