Herald-Zeitung — State AGs, Senate should support shield law

• By: ASNE staff
• On: 07/08/2008 14:02:48
• In: Shield law editorials

The Herald-Zeitung, New Braunfels, Texas
July 1, 2008

The U.S. Senate is again discussing a federal shield law to give reporters the right to protect the anonymity of their sources and the public’s right to know.

Texas Attorney General Greg Abbott became the 31st state attorney general to urge Senators to pass S. 2035, the first federal reporters’ shield law. In a letter Monday to Majority Leader Harry Reid and Minority Leader Mitch McConnell, Abbott said “preserving sources’ identities would strengthen the constitutionally protected freedoms of the press and expression by ensuring that government cannot unilaterally compel reporters to reveal confidential sources.”

Forty-nine states and the District of Columbia recognize a reporter’s privilege through laws or judicial decisions, but no uniform federal standard exists to govern when confidential source information can be sought from reporters. Both Sens. John McCain and Barack Obama endorsed Senate bill 2035 for a federal shield law to protect confidential sources and the public’s right to know.

Journalists are not asking for a free pass to protect sources, but they are asking for the right to do their jobs without the threat of being hauled to jail. The Senate bill would give journalists the privilege to protect their sources with exceptions for national security, personal safety and law enforcement reasons.

According to the Associated Press Managing Editors, sponsors of the Free Flow of Information Act made changes to the bill that passed the Senate Judiciary Committee 15-4 to address concerns from the Bush Administration. The privilege has been narrowed to define journalists as legitimate news-gatherers.

Without protection for journalists’ sources, stories that make a difference for the public might never come to light. National stories, such as the Enron Scandal, steroid abuse in Major League Baseball and the conditions at the Walter Reed Medical Center, could have remained uncovered. Frequently, stories covered by Herald-Zeitung begin when members of the public express their concerns to reporters confidentially. These individuals are doing a service to their community and deserve protection.

We commend AG Abbott in his stance Monday urging the Senate to pass S. 2035. We agree with his statement that a reporter’s shield law would preserve our nation’s longstanding commitment to freedom of the press while also protecting our ability to protect our fellow citizens.

Write to our Texas Senate representatives Kay Bailey Hutchison and John Cornyn at the addresses on the right of this page to urge passage of the reporter’s shield law.