Evansville Courier & Press — EDITORIAL: Right to know

• By: ASNE staff
• On: 08/01/2008 12:57:12
• In: Shield law editorials

The Issue: Senate may take up federal shield law.
Our View: Pass it now.

Evansville (Ind.) Courier & Press
July 24, 2008

The U.S. Senate, by its inaction, has allowed federal prosecutors for too long to harass news reporters who endeavor to protect their confidential sources. More so, the Senate's inaction denies you, the reader, your basic right to know.

If reporters ever feel compelled through extended jailing or crippling legal fees to disclose the identity of their sources, then those sources will cease to cooperate and valuable information about your government may never see print. Think Watergate.

At issue is a proposed federal shield law that would limit but not prohibit the ability of federal prosecutors to question reporters about their anonymous sources. The measure passed the House in October by a veto-proof 398-21 vote, and a short time later a similar Senate measure was reported out of the Senate Judiciary Committee by a 15-4 bipartisan vote.

Unfortunately, since then the measure has been gathering cobwebs on a Senate shelf.

But that could change in the coming days. Senate Majority Leader Harry Reid has included the legislation in a list of measures that may be called to the floor for debate before the Senate takes its August recess. That could allow a vote by the full Senate before senators leave Washington for their party conventions. Without that vote, the shield law would likely have to wait until 2009 for consideration.

Most states, including Indiana, have shield laws that prevent prosecutors from fishing for information from reporters about their confidential sources. But the federal government has no such protection for journalists.

We have seen the consequences in recent years with more than 40 reporters being questioned about their sources by federal prosecutors; two ended up in jail, one who never even wrote a story about the issue at hand.

Most opponents of the bill, including President Bush, who has threatened a veto, say it would frustrate government efforts to investigate acts of terrorism and threats to national security.

But that's not the case. According to the bill's provisions, a judge could still require a reporter to testify if the judge determined there was a valid threat to national security involved. Of course, for a judge to make such a determination, prosecutors would have to make their case with evidence, not just the word of a prosecutor.

Hoosiers can be proud that the House shield bill, which had the support of all but one representative from the state's delegation, was written by Rep. Mike Pence, R-Ind. Meanwhile, Sen. Richard Lugar, R-Ind., was the author of a companion bill in the Senate and was joined by Sen. Evan Bayh, D-Ind., as a co-sponsor.

From neighboring Kentucky, Republican Sen. Mitch McConnell as the Senate minority leader could wield his considerable influence to see that this measure not only comes to the floor for debate, but is approved.

In a few days, members of Congress will be leaving Washington for their conventions and for campaigning back in home territory, all preliminary to the November election.

From our view, it would make good political sense for those heading home from Washington to be able to say to their friends and neighbors that when asked, they supported the free flow of public information.

Given the opportunity, let your senators know that you, too, support a truly free press.