Tribune-Star — Protecting news sources makes system better

• By: ASNE staff
• On: 10/16/2007 14:50:41
• In: Shield law editorials

Federal shield law should be passed

Tribune-Star, Terre Haute, Ind.
Oct. 13, 2007

TERRE HAUTE - The ability of reporters to protect confidential sources is a time-honored tool of the news gathering process. If that ability is curtailed, all of society will suffer, not just journalists.

Two Indiana legislators, Sen. Richard Lugar and Rep. Mike Pence, have been working to pass the Free Flow of Information Act, a federal "shield law" that will keep reporters from going to jail because they refuse to reveal confidential sources.

This is hardly a radical concept. Lugar, Pence, and their Republican and Democratic co-sponsors know that 31 states and the District of Columbia have such shield laws, while 18 more states have similar protections. They now want the safety net to include federal courts.

This is not just a protection for journalists, but for all potential citizen whistle-blowers and truth-tellers who sometimes need anonymity to help reporters dig up facts.

Lugar and Pence are getting very close to succeeding in their efforts. The U.S. House of Representatives will vote on a bill - H.R. 2102 - when it is brought up for a House floor vote on Tuesday.

Having such a law does not make a journalist's job any easier. News organizations want their sources on the record. But there are times when sources will not come forward without the promise of confidentiality. Groundbreaking stories - such as conditions at Walter Reed Medical Center, the Enron scandal and steroid abuse in Major League Baseball - would not have been told without confidential sources.

In recent years, civil litigants and prosecutors have filed more than 40 subpoenas attempting to obtain the identity of confidential sources. The cost of fighting such a subpoena to protect an anonymous source can cripple a small newspaper.

Indiana has had a strong Reporter's Privilege Law since the 1940s. It hasn't hampered law enforcement's ability to do their job and has allowed public officials to quietly tip the public off to problems at the state and local level. But state shield laws don't apply to federal cases. This puts Indiana publishers, editors and reporters in a tricky situation when asked by a source to maintain the confidentiality of that source's identity. The promise can be made under Indiana law, but could result in incarceration if the reporter finds himself or herself before a federal judge.

H.R. 2102 makes reasonable concessions to address national security and business matters, two areas of expressed concern. Further amendments are unnecessary and will only erode the purpose of the legislation.

We urge 8th District Rep. Brad Ellsworth to vote in favor when the bill is called to the floor for action. We also urge him to resist efforts to tack crippling amendments onto the bill.

Even in times of war, the people have a right to transparency in government, finance, education and public health. Adopting a federal shield law will help keep our democracy healthy.