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Palladium-Item — Media shield law needed, unfortunately

Palladium-Item, Richmond, Ind.
Aug. 3, 2007

The long struggle to produce a media shield law protecting journalists from having to give up confidential sources or face jail time took an important turn this week.

The legislation, sponsored in the U.S. House by our own

Palladium-Item, Richmond, Ind.
Aug. 3, 2007

The long struggle to produce a media shield law protecting journalists from having to give up confidential sources or face jail time took an important turn this week.

The legislation, sponsored in the U.S. House by our own Rep. Mike Pence, whose 6th congressional district includes the Richmond area, was approved Wednesday by the House Judiciary Committee.

That's an important step, but the measure still faces important hurdles, including opposition from a Bush Justice Department that fails to recognize a clear need for the protection.

Compromises along the way have, as they often do, strengthened the bill in some respects and weakened it in others.

For example, confidentiality of sources under the compromise measure approved by the Judiciary Committee is not a legal absolute, nor should it be. Journalists are not, after all, physicians or lawyers who share, for obvious reasons, full protection against non-disclosure of patient or client information. Reporters can be compelled to provide information in carefully spelled-out cases, including where “reasonable” alternatives to gain the information have been exhausted or, for example, where it is ruled that imminent death, injury or terrorist attack may be at issue.

Also, the measure would not give protection to those working in the U.S. for government-controlled foreign newspapers. Fair enough, though other efforts to tightly redefine and narrow the definition of journalist are hurting the intent of the shield law and should be viewed with concern.

While we commend Pence and, in the Senate, Dick Lugar for their leadership and dedication on this issue, we join many news organizations in wishing the effort was unnecessary.

Sadly, this administration’s efforts which led to the jailing of a New York Times reporter have helped make it necessary. It's hardly surprising that this administration and too many others holding positions of public trust would fight journalists’ efforts to maintain that trust with full, unfettered and unfiltered news accounts.

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