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San Antonio Express-News — Smith’s decision on shield law crucial

San Antonio Express-News
Web Posted: 07/28/2007

Freedom of the press is crucial to the survival of American democracy.

And part of that freedom must be allowing journalists to protect confidential sources.

Whistle-blowers aren't as likely to reveal wh

San Antonio Express-News
Web Posted: 07/28/2007

Freedom of the press is crucial to the survival of American democracy.

And part of that freedom must be allowing journalists to protect confidential sources.

Whistle-blowers aren't as likely to reveal what is actually happening in government if they are forced to risk all through exposure.

Knowing as much as possible about government activities is the best way for the public to get a true picture and protect itself from official malfeasance.

That’s why a federal shield law is crucial to preserving a free press.

Media organizations have been hit with an exponential number of subpoenas from public and private entities seeking to learn about confidential sources in recent years. The harassment is costly, time-consuming and carries a chilling effect on the flow of important information to the public.

San Antonio Rep. Lamar Smith, the ranking Republican on the House Judiciary Committee, is in a position to protect the free press and the flow of information to the public.

The panel is scheduled to consider a proposed federal shield law, known as the Free Flow of Information Act, this week.

As the senior GOP leader on the judiciary panel, Smith's vote will be closely watched.

The Bush administration opposes the bipartisan legislation, but committee leaders already have made changes to deal with administration concerns about national security. Other objections forwarded by the Justice Department frankly are far-fetched.

The legislation would allow prosecutors and others to compel a journalist to testify if the information can’t be obtained elsewhere and they convince a judge that the testimony is necessary.

The legislation would not provide blanket protection for journalists. But it would reduce efforts by lawyers to undermine confidentiality agreements and take shortcuts in the discovery process of routine cases.

Smith has a record as a friend of a free press and open government. He has advocated improvements in the Freedom of Information Act to allow journalists and the public better access to government records.

It is vital that Smith again stand up for the public’s right to know by preserving the flow of information with the shield law.

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