Daily Herald – Shield law's not a threat to our nation

• By: ASNE staff
• On: 10/22/2007 16:34:29
• In: Shield law editorials

Daily Herald, Arlington Heights, Ill.
Oct. 18, 2007

It is regrettable that opponents of legislation aimed at protecting the confidentiality of journalists' sources view the measure as a grave threat to our nation's security.

Fortunately, the U.S. House does not share this dim and inaccurate assessment and overwhelmingly approved a shield law on Tuesday.

The Senate should quickly follow suit, rejecting the White House's argument that protecting reporters from being compelled to reveal confidential sources of information would "in some cases completely eviscerate ... the ability to investigate acts of terrorism or threats to national security."

That is just not true. First, the legislation includes protections against compromising national security. For example, exceptions can be made when disclosure of information would prevent an act of terrorism, would result in the apprehension of a known terrorist, would prevent imminent death or would prevent public disclosure of trade secrets or personal medical records and financial records.

In fact, we think the legislation goes too far in trying to strike a balance by permitting a judge to consider the public interest in forcing disclosure in all cases involving leaks that could be harmful to national security, not just criminal cases, according to an Associated Press report.

A shield law can be severely weakened by overreaching judicial interpretation.

Nonetheless, compromises had to be made. And this shield law would be better than none.

Time after time, information freed from the shackles of secrecy through the help of confidential sources has prompted changes needed to make our country stronger and held in higher esteem throughout the world. This includes reports on abuse of prisoners at the Abu Ghraib detention facility, secret CIA prisons and shoddy medical conditions at Walter Reed Army Medical Center. And back in history, bringing the outrage of Watergate and Iran-Contra to the public's attention.

When secrecy is a cover for neglect and abuse of authority and power, as was clearly the case in the scandals cited above, it must be revealed lest it infects our democracy. That can become impossible to do if a pattern of reporters being forced to reveal sources under fear of reprisal or jail is allowed to continue.

Conservative Republican Rep. Mike Pence of Indiana summed up well the importance of the shield law bill that he co-sponsored:

"I believe the only check on government power in real time is a free and independent press," he said, adding that a shield law "is not about protecting reporters, it's about protecting the public's right to know."

We urge Sens. Dick Durbin and Barack Obama to use their powers of persuasion to help win Senate approval of the shield law.