Bradenton Herald — Shield law vital

• By: ASNE staff
• On: 08/01/2008 13:49:15
• In: Shield law editorials

Bradenton (Fla.) Herald
July 24, 2008

Imagine a country where the public's right to know about the inner workings of their government has become infringed, a country where whistleblowers fear coming forward because courts could force journalists to reveal their names, a country where reporters are jailed or fined for refusing to identify confidential sources.

That country is the United States today.

That erosion of the public's right to know and the freedom of the press has taken place over the past four years as more than 40 journalists have been subpoenaed or questioned about the confidential sources in their reports. One was sentenced to jail, one received home confinement, and one was held in contempt, with fines up to $5,000 a day for declining to reveal confidential sources.

Imagine Enron getting away with billions in fraud from unsuspecting investors, Walter Reed Medical Center not being exposed as a dangerous place for our veterans, Major League Baseball players still playing and cheating with steroids and other performance-enhancing drugs.

This is not the American way.

Protection measure

Next week, the Senate is expected to take up a bill called The Free Flow of Information Act. The measure would protect both the public's right to know and confidential sources. It would also provide a concrete framework of rules that would settle conflicting federal court opinions.

A similar bill passed the House of Representatives in October by an overwhelming margin 398 to 21. Congressmen from both sides of the aisle appreciate what this measure gives to the American people.

So do both presumptive candidates for the White House, Sens. John McCain and Barack Obama. Clearly, this is not a partisan issue. This is an issue about freedom of the press and the foundation of our democracy.

We urge Floridians to contact our state's senators and urge their support for this valuable protection. Every senator's vote counts, as 60 will be needed to fend off procedural barricades.

And time's wasting. With the presidential campaign hitting high gear and other politicians focusing on their own re-election, the Senate must act soon or lose this opportunity to pass a federal shield law this year.

What the bill does

Significantly, this legislation does not give the press free rein, but establishes exceptions to the protection of sources in order to safeguard citizens. Reporters would be required to reveal information that would prevent terrorist acts or other substantial damage to national security, provide eyewitness accounts of crimes, and turn over any information that could prevent a death, kidnapping or substantial bodily harm.

The measure also establishes reasonable rules outlining when a reporter can either be forced to testify about confidential sources or receive protection.

This bill not only protects the public's right to know and journalists' ability to perform investigations, it also protects national security and public safety.

The attorneys general from 42 states urged Senate approval last month, noting that the lack of a federal standard has been “producing inconsistency and uncertainty for reporters and the confidential sources.”

Federal standards would provide uniformity and predictability, and put an end to the string of conflicting court rulings.

Without whistleblowers revealing waste, fraud and crime in government and private enterprise, the public's ability to root out wrongs would be diminished.

We ask you to contact our senators, Mel Martinez and Bill Nelson, and urge them to vote yes on cloture, yes on final passage and no to any amendment that would weaken the measure's protections.

Here is their contact information:

Sen. Mel Martinez

356 Russell Senate Office

Building,

Washington, D.C. 20510

Tampa office: (813) 977-6450

Web: www.martinez.senate.gov

Sen. Bill Nelson

716 Hart Senate Office Building,

Washington, D.C. 20510

Tampa office: (813) 225-7040

Web: www.billnelson.senate.gov