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ASNE calls for resurrection of Free Flow of Information Act


Earlier this week, ASNE joined the chorus of voices condemning the Department of Justice for secretly obtaining the telephone records of the Associated Press and its individual journalists during April and May 2012. We are now happy to say that our voices will transition from defense to offense as we join a burgeoning effort for a federal shield law. 
 
Indeed, we felt so strongly about the issue that ASNE not only issued its own statement describing the Justice Department's actions as "Appalling...disturbing...chilling," but also joined 52 other media organizations who signed a letter to the Department of Justice explaining just why those actions are unacceptable on so many levels. We remain unconvinced, despite explanations (or perhaps justifications) from the Department of Justice claiming that the subpoenas were narrowly tailored and consistent with the attorney general's guidelines regarding issuance of subpoenas to the media, which were amended in 1980 to cover issuance of subpoenas for telephone records. 
 
Earlier this week, ASNE joined the chorus of voices condemning the Department of Justice for secretly obtaining the telephone records of the Associated Press and its individual journalists during April and May 2012. We are now happy to say that our voices will transition from defense to offense as we join a burgeoning effort for a federal shield law. 
 
Indeed, we felt so strongly about the issue that ASNE not only issued its own statement describing the Justice Department's actions as "Appalling...disturbing...chilling," but also joined 52 other media organizations who signed a letter to the Department of Justice explaining just why those actions are unacceptable on so many levels. We remain unconvinced, despite explanations (or perhaps justifications) from the Department of Justice claiming that the subpoenas were narrowly tailored and consistent with the attorney general's guidelines regarding issuance of subpoenas to the media, which were amended in 1980 to cover issuance of subpoenas for telephone records.
 
However, this dark cloud over the First Amendment may have a silver lining. Almost as soon as the initial shouting died down, a new set began in the form of calls for resurrection of the Free Flow of Information Act. This is the proposed federal shield law which twice passed in the House of Representatives but, despite receiving White House support and passing the Senate Judiciary Committee the second time around, never made it through the full Senate. While the shield law effort has always received a bump in the wake of a reporter being subpoenaed to testify in a federal proceeding, there has been a strong, swift response from both sides of Capitol Hill this week. Rep. Ted Poe (R-Texas) has already introduced HR 1962, the Free Flow of Information Act of 2013, and Senator Chuck Schumer (D-N.Y.) has indicated that he will join forces with Senator Lindsay Graham (R-S.C.) to introduce a similarly-titled bill in the Senate. 
 
Why is the subpoena of phone records such a catalyst for the shield law effort? After all, Fox News reporter Jana Winter is currently trying to quash a subpoena requesting her sources in relation to stories she wrote about Aurora, Colo., shooter James Holmes. Though her subpoena was issued by a state court, legislators weren't condemning the issuance of the subpoena or pointing to Ms. Winter's fight as a reminder that, if she were in federal court, she would not have the protections of Colorado's shield law (for the record, ASNE was one of 43 media organizations and companies to join an amicus brief supporting Winter -- see the story below). Well, as ASNE legal counsel Kevin M. Goldberg noted in an opinion piece on the US News and World Report website earlier this week, part of the reason the Free Flow of Information Act was unsuccessful in its earlier iterations was due to convincing arguments that the attorney general's voluntary guidelines offered sufficient protection for reporters. The vast and secret nature of the Department of Justice's probe -- the latest in a series of wide-ranging investigations, often involving pressure placed on outside individuals including reporters, to find leakers from within government -- calls into question those claims that the Justice Department can (or is even willing to) check its own power.
 
That is why ASNE is proud to support the Free Flow of Information Act. We will keep our members informed throughout this process and provide anything you may need in order to participate in what we hope will be a historic legislative effort.

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