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Advocate — Nationwide 'shield law' is best

The Advocate, Stamford, Conn.
July 31, 2008

Members of the U.S. Senate soon are expected to have the opportunity to cast a vote for freedom of the press. We trust they will do just that in overwhelming numbers.

A federal shield law, which would allow journalists t

The Advocate, Stamford, Conn.
July 31, 2008

Members of the U.S. Senate soon are expected to have the opportunity to cast a vote for freedom of the press. We trust they will do just that in overwhelming numbers.

A federal shield law, which would allow journalists to protect confidential sources and ensure the public's right to know, has faced an uphill struggle in Congress for several years. But it now appears that the concerns about the bill most posed by the White House have been answered.

Senators can join their colleagues in the House of Representatives who approved similar legislation last October by a bipartisan margin of 398 to 21. The Senate Judiciary Committee has already given its nod on a 15-4 vote.

The revised “Free Flow of Information Act” would require federal courts to recognize the right of reporters to protect confidential sources, a privilege that all but one state have already recognized by statute or case law.

At the same time, the legislation would respond to important concerns by qualifying the privilege for personal safety and law enforcement reasons, such as those involving acts of terrorism or other harm to national security, eyewitness observations of a crime or if the information is needed to prevent a death, kidnapping or substantial bodily harm.

Granted, the guarantees in the U.S. Constitution and its Bill of Rights might seem to be sufficient protection. However, as we have witnessed with increasing frequency, this has not been the case.

Far too often, journalists are threatened with jail and/or personal bankruptcy through fines for refusing to divulge their sources, even in civil litigation.

A shield law is required if investigative journalism and the public's right to know about controversial issues facing them are to continue. Without confidential sources, many major news stories affecting citizens would go unreported. It's time to establish uniform federal standards.

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