Blog

Roanoke Times — A tougher, stronger shield

A federal shield law would protect the public's right to know and the news media's freedom to uncover the truth.

The Roanoke (Va.) Times
May 14, 2007

Imagine the waste, fraud and abuse that would have gone unchecked if not for people sharing informatio

A federal shield law would protect the public's right to know and the news media's freedom to uncover the truth.

The Roanoke (Va.) Times
May 14, 2007

Imagine the waste, fraud and abuse that would have gone unchecked if not for people sharing information with the news media under the cover of anonymity.

Watergate ring a bell? How about warrantless wiretapping?

Bipartisan legislation introduced recently by several members of Congress, including Rep. Rick Boucher, D-Va., would enshrine the confidential source protection granted reporters in Washington, D.C., and 32 states -- Virginia not among them -- in a federal shield law.

Congress must recognize the importance of such a law, and pass the measure. Setting a federal standard for protecting confidential sources and reporters is crucial to bringing wrongdoing out of the shadows.

Information about government corruption or private sector misdeeds typically comes from an insider who feels it is his or her duty to rat out the evildoers. Journalists should use anonymous sources sparingly, and verify as much information on the record as possible. But the promise of anonymity often is the only way a reporter can gain access to highly sensitive information.

A journalist must be able to make that promise without fear of retribution or prosecution, of being hauled into court to reveal that source's identity.

The bill, titled the Free Flow of Information Act, would enact a statutory privilege preventing reporters from being forced to reveal confidential sources in federal court proceedings.

Several exemptions are built into the bill. A source's identity, for instance, could be compelled if disclosure is necessary to prevent imminent harm to national security. Exceptions would apply only if disclosing the identity best serves the public interest.

Past attempts to pass federal shield legislation have failed because the media industry was divided about whether it was appropriate; some in the industry believed it was better to rely on the First Amendment. But the industry "is now completely united in support of the bill," Boucher says. "That united effort ... has made a tremendous difference and given us great momentum."

The Newspaper Association of America, the National Association of Broadcasters and the Reporter's Committee for Freedom of the Press, among others, have urged passage of the bill. That, plus broad bipartisan support, bodes well for the bill's passage.

Protecting reporters from what amounts to choosing between jail time and breaching a promise of confidentiality is paramount in preserving the free flow of information and protecting the public's right to know.

Archive

Contributors