Lufkin Daily News — EDITORIAL: Shield Law

• By: ASNE staff
• On: 10/09/2007 12:03:08
• In: Shield law editorials

Lufkin (Texas) Daily News
Oct. 05, 2007

The U.S. Senate Judiciary Committee began debate Thursday on a proposed federal shield law that would protect reporters from having to reveal confidential sources in federal cases. The bill is critical to stopping increasing attempts by prosecutors to build cases by subpoenaing reporters, several of whom have ended up in jail for declining to give up sources.

More than 30 states already have shield laws on the books, though unfortunately Texas is not one of those states. A strong push during the last session failed at the last minute on a procedural glitch. Backers, including this newspaper, will try again in the 2009 session.

If the media is to continue its invaluable role in exposing government wrongdoing, fraud and corruption, a federal shield law is necessary. Whistle blowers will become increasingly reluctant to confide in reporters if they risk being exposed in court despite having been promised confidentiality. And the reality is that some of the most egregious cases of corruption Watergate and the Balco steroids scandal, to name two likely would not have come to light without confidential sources.

The proposed federal shield law, like the one attempted here in Texas, does not provide absolute privilege for reporters. It includes exemptions in cases where prosecutors are investigating acts of terrorism, for example. Even former Bush administration solicitor general Theodore B. Olson, who was a candidate to replace Alberto Gonzalez as attorney general, has come out in favor of a federal shield law. He wrote, in part, that reporters "should receive some protection so they can perform their public service in ensuring the free flow of information and exposing improper conduct without risking jail sentences."

A similar bill has already passed the House Judiciary Committee, and Speaker Nancy Pelosi appears wiling to allow a floor vote. Unfortunately, our own Sen. John Cornyn appears ambivalent about the shield law.

That's especially of concern since Cornyn has been a strong supporter of freedom-of-information issues since serving as Texas attorney general.

He has said publicly that he favors a federal shield law but has reservations about the current bill. We hope he will take a leadership role in addressing whatever concerns he has over national security issues while not gutting the bill so that it's meaningless.

The Bush administration opposes a federal shield law. That's hardly shocking coming from the most secretive administration in American history. Congress should ignore an increasingly irrelevant and unpopular president and do the right thing.

That starts with getting this bill out of committee and onto the Senate floor.