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Gainesville Sun — Why a shield law?

The Gainesville (Fla.) Sun
July 26, 2008

Democratic presidential candidate Barack Obama and Republican contender John McCain, may not agree on much. But fortunately for Americans, they agree on the passage of one important piece of legislation pending in Congress: The Free

The Gainesville (Fla.) Sun
July 26, 2008

Democratic presidential candidate Barack Obama and Republican contender John McCain, may not agree on much. But fortunately for Americans, they agree on the passage of one important piece of legislation pending in Congress: The Free Flow of Information Act.

It is commonly called a “shield law,” and exists on the state level in 49 states to protect journalists' and by extension the public's right to know from judges and prosecutors who might otherwise demand that reporters give up their sources to investigators or go to jail.

Protected sources working with reporters is “a vital part of the reporting process,” wrote Clint Brewer, president of the Society of Professional Journalists, in a recent op-ed piece. “From Watergate to Enron to Walter Reed (Medical Center), story after story shining a light on the ills and wrongs committed in the names of the American people would never have been published without journalists being able to protect anonymous sources.”

In October, the U.S. House of Representatives passed its version of the shield law by a wide, bipartisan majority of 398 to 21. The Bush administration opposes it, citing national security concerns.

The Senate is scheduled to bring the bill to a vote this coming week, possibly as early as Monday. Brewer pointed out that the concerns about national security have been thoroughly addressed.

“The bill is not a free pass for the media, as the law would ensure reasonable grounds in matters of national security and criminal acts. In such cases, reporters could be compelled in court to reveal their confidential sources,” he wrote.

Florida's junior senator, Republican Mel Martinez, has said he has some concerns about the bill and national security. But it appears he may have had those questions answered, particularly with the recent support for a federal shield law from the National Association of Attorneys General. Ken Lundberg, Martinez's press secretary, told Cox News Service that Martinez believes in the “absolute importance of preserving the First Amendment as part of our democracy. As someone who lived under the repression of a tyrannical regime, he puts great value on a free press.” Florida's senior senator, Democrat Bill Nelson, has been a consistent supporter of the legislation over the years.

Forty-one of the nation's state attorneys general sent out a letter of support for a federal shield law last month. “As the states' chief legal officers, attorneys general have had significant experience with the operation of these state-law privileges; that experience demonstrates that recognition of such a privilege does not unduly impair the task of law enforcement or unnecessarily interfere with the truth-seeking function of the courts,” the association noted.

When the vote comes, both of Florida's senators should vote for the bill. Their votes may be the ones that provide a veto-proof majority for a tool that will let citizens better monitor the actions of their government.

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