Avalanche-Journal — Vote impedes free flow of information

• By: ASNE staff
• On: 08/15/2008 16:31:00
• In: Shield law editorials

The Avalanche-Journal, Lubbock, Texas
August 15, 2008

WE'RE VERY DISAPPOINTED in the recent Senate vote stalling its version of the Free Flow of Information Act, also known as the federal media shield law.

If eventually enacted into law, as we believe it should be, S. 2035 will allow journalists to conceal their confidential sources under specific and appropriate circumstances.

Why does this matter to you? Unrestricted access to and distribution of public information benefits everyone, not just the news media.

“An informed citizenry and the preservation of news information sources are of vital importance to a free society,” says Greg Abbott, Texas Attorney General. With a federal shield law, Congress has the opportunity to strengthen First Amendment-guaranteed freedoms of the press and speech while also protecting national security and law enforcement interests, he said.

As we've said before, groundbreaking stories, such as the Enron scandal, would not have been known either to the public or to Congress without confidential sources although they should be used only as a last resort. But today's journalist is becoming the first stop rather than the last resort for civil litigants and prosecutors attempting to obtain the identity of confidential sources.

Forty-three senators, including Senators Kay Bailey Hutchison and John Cornyn of Texas voted against proceeding with S. 2035 because doing so would have taken them off of the number one domestic issue facing Texans high energy prices. It's unclear at this point if either ultimately will be able to support the legislation, as currently written, when it does come to the floor.

“We are very disappointed that the bill stalled,” said Clint Brewer, president of the Society of Professional Journalists. Part of SPJ's expressed mission is to encourage a climate where journalism can be practiced freely. “A federal shield law would be a major step toward that goal,” he said.

Editorials represent the opinion of The Avalanche-Journal Editorial Board, which consists of Publisher Stephen A. Beasley, Editor Terry Greenberg, Editorial Page Editor Joe Hughes, editorial writer Joe Gulick, in addition to input provided by community advisory board members Lee R. Bobbitt, Adrienne Cozart and Irasema Velasquez.