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Update on ASNE's fight for government transparency


ASNE has provided several resources to members in two updates provided in past weeks, including a general call for support of the bill and a reminder of the bill's importance in the wake of the United States Court of Appeals for the Fourth Circuit's holding that New York Times reporter James Risen must testify as to the identity of a source relied upon in publishing his 2006 book State of War: The Secret History of the CIA and the Bush Administration. 

Now that ASNE has joined more than 70 media organizations and companies on a letter asking the Senate Judiciary Committee to pass S 987, you can add one more resource to the list. We are hoping this could occur as early as Thursday, Aug. 1, when the committee is slated to mark up the bill. 

ASNE has provided several resources to members in two updates provided in past weeks, including a general call for support of the bill and a reminder of the bill's importance in the wake of the United States Court of Appeals for the Fourth Circuit's holding that New York Times reporter James Risen must testify as to the identity of a source relied upon in publishing his 2006 book State of War: The Secret History of the CIA and the Bush Administration. 

Now that ASNE has joined more than 70 media organizations and companies on a letter asking the Senate Judiciary Committee to pass S 987, you can add one more resource to the list. We are hoping this could occur as early as Thursday, Aug. 1, when the committee is slated to mark up the bill. 
 
We still expect the bill's lead sponsor, Sen. Charles Schumer, D-N.Y., to offer some amendments designed to further strengthen the privilege. Some of those recommendations will be based on those made by the Department of Justice to President Obama regarding changes to the DOJ's policies and practices governing the use of law enforcement tools to obtain information or records from or concerning members of the news media. Other senators may also have amendments that might not be favorable. 
 

We believe one of the issues that will receive the most discussion is the definition of "covered person" or those who can invoke the privilege. We are happy with the definition found in S 987 as introduced, which mirrors the definition in place when the Senate Judiciary Committee voted on and passed the Free Flow of Information Act in 2009. We hope the committee members resist the urge to change this definition because it offers a flexible and functional definition of one engaged in journalism.



You still have a voice in this issue, which is especially valuable if your senator sits on the Judiciary Committee. If the you have any questions, please contact ASNE Legal Counsel Kevin M. Goldberg at 703-812-0462 or goldberg@fhhlaw.com.
 

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