S 987, Free Flow of Information Act, passed by Senate Judiciary Committee

• By: ASNE staff
• On: 09/13/2013 14:47:31
• In: Shield law editorials

By now you hopefully have heard the very encouraging news that the Senate Judiciary Committee passed S 987, the Free Flow of Information Act. Perhaps you've seen the statement by ASNE President David Boardman commending the Judiciary Committee on its vote. From our perspective, the vote could scarcely have gone better, as the one amendment put forth in the Sept. 12 markup session involved the already brokered compromise on the definition of a covered party that can invoke the bill. 

But this is no time to rest on our laurels. We've actually reached this point -- passage of a potential federal shield law by the Senate Judiciary Committee -- once before. It's time to enter uncharted territory by actually getting this bill to the Senate floor. Again, we turn to you for help.

ASNE continues to support S 987. The changes to the definition of a "covered person" -- now called a "covered journalist" -- are not so substantial that they change our longstanding belief that this bill, if enacted into law, would benefit reporters around the country. Although the bill now looks not only at what the individual in question does (a function-based test), but also at who he or she works for (a status-based test), we are confident that these tests are sufficiently broad to allow reporters of all media and all levels of experience -- certainly all ASNE members -- to enjoy the privilege when necessary.

We know that these changes, which now mean that senators Dianne Feinstein and Richard Durbin support the legislation, greatly improve S 987's chances of actually passing the Senate. The compromise on this definition removes what was probably the greatest impediment to a smooth debate on the Senate floor and likely Senate passage (at which point we hope the House takes up this bill and approves it by the same strong margin that House-introduced legislation has enjoyed in the past). Although there will still be opposition to S 987 and some amendments -- not all friendly -- may still be introduced, we believe that more than 50 senators will vote in favor of S 987. We are very hopeful that at least 60 support the bill, which would avoid prolonged debate that could kill the bill entirely.

This is where you come in. Please contact your senator and consider contacting Senate Majority Leader Harry Reid and Minority Leader Mitch McConnell and ask them to bring S 987 to the Senate floor and vote in favor of the bill. Remember that we have plenty of materials available to assist you in this outreach (all of which can directly or eventually be accessed by starting from this link). You can also contact ASNE Legal Counsel Kevin M. Goldberg at 703-812-0462 or goldberg@fhhlaw.com for more information.