Jackson Sun — It’s time for a federal shield law for reporters

• By: ASNE staff
• On: 03/18/2008 10:50:26
• In: Shield law editorials

The Jackson (Tenn.) Sun
March 10, 2008

The time is long past for Congress to pass a federal shield law for reporters. Laws or court decisions providing protection for members of the media already exist in 49 states and the District of Columbia. Now, it's time for the federal government to catch up. Legislation establishing a federal shield law has already passed the House, and a Senate version of the bill passed the Judiciary Committee in October, but it has since stalled.

The legislation under consideration would establish a qualified privilege that would protect reporters from having to reveal their confidential sources. That privilege could only be overcome if there were no other reasonable way to obtain the information elsewhere and if it were essential to a particular case. The bill also takes into account national security concerns. It would not apply, for instance, if there is evidence that disclosing the information could prevent a terrorist attack.

There are plenty of reasons for supporting a federal shield law for reporters.

A shield law would help reporters do their jobs more effectively. Without one, they face the prospect of jail time and steep fines simply for trying to protect their sources and do their jobs. With a shield law in place, that would be largely eliminated.

Without a shield law, reporters won't be able to safely promise anonymity to a source. The result would be a chilling of the free flow of information that is so essential to reporters and to an open, democratic society.

Without a shield law, stories such as Watergate, which ended a presidency, might never come to light. Stories such as George W. Bush's domestic spying program, the atrocities at Abu Ghraib prison in Iraq and the leak of CIA operative Valerie Plame's name might all be in danger. Why would anyone talk to a reporter if there's a possibility that their identity could be revealed and they could face retribution?

The proposed shield law is a reasonable compromise between reporters' needs and government concerns. It should be put on the fast track to passage in the Senate and should ultimately become law.