Tampa Tribune — A shield for journalists

• By: ASNE staff
• On: 08/18/2010 14:20:00
• In: Shield law editorials

The Tampa (Fla.) Tribune
August 16, 2010

Last year the U.S. House of Representatives for the second time passed a shield law, limiting compelled testimony from journalists who have promised a source confidentiality. A U.S.Senate committee subsequently approved similar legislation, but the bill has yet to be brought to the floor in the upper chamber.

Six years in the making, the Free Flow of Information Act is important legislation whose time has come. We trust the measure will have the support of Sens. Bill Nelson and George LeMieux and hope Nelson will push the Democratic leadership in the Senate to move the bill forward this fall.

Right now, and despite reporter shield laws in 49 of the 50 states, there is no protection for a reporter promising confidentiality to a source if that reporter is subpoenaed to testify or produce information in a federal proceeding. Reporters can be held in contempt of court and jailed if they refuse to reveal sensitive information.

But if the shield law is passed, a federal entity cannot compel testimony merely because it has the power to issue a subpoena. In that regard, it would seem to chiefly benefit reporters. But what's more important is that the legislation fosters a reporting environment that ensures thefree flow of information Americans need to know about their government.

The bill is a recognition that sometimes a promise of confidentiality is the only way whistleblowers or those close to power will make revelations about government corruption or misconduct by elected officials. In that way it will allow reporters to fulfill their watchdog mission.

Moreover, laws against libel, defamation or false light remain in effect. And the bill makes reasonable exceptions for information that could cause actual harm to national security.

Journalists understand that it's better to get information "on the record" because transparency promotes credibility. And even when they agree to go off the record, they will try to confirm the information received from another source.

In short, the bill balances society's interest in having witnesses testify in civil and criminal proceedings while protecting the newsgathering process guaranteed under the First Amendment.