Dallas Morning News — More Informed Sources

• By: ASNE staff
• On: 10/01/2007 16:00:30
• In: Shield law editorials

The Dallas Morning News
Oct. 1, 2007

A Senate committee takes up legislation this week that can help clean up government waste, root out fraud, expose lies and unmask cheats and thieves.

Simple in design, the law seeks only to ensure production of an ingredient vital to democracy: information.

The framers of the Constitution recognized the disinfecting benefit of a free press by offering protection against tyrants and censors. Today, the challenges to the free flow of information are different.

Journalists who might trigger reforms using inside information are sometimes threatened with jail – or actually put there – if they refuse to reveal their sources. The effect is chilling on the flow of important information, as sources clam up for fear of retribution. Careers or, in extreme cases, personal safety could be on the line for speaking to a reporter about the dangerous and powerful. If these sources shut down, rather than be exposed, everyone loses.

The legislation in question is known as a "shield law." It would extend a qualified privilege to journalists to protect their sources if challenged in federal court. Important safeguards would allow judges to decide whether a journalist could withhold information vital to national security or criminal prosecution.

The proposal, set for a vote in the Judiciary Committee as early as Thursday, enjoys support from both parties. It merits approval, as does similar legislation pending in the House.

The bill also merits a push from Texas Sen. John Cornyn, a committee member who has championed open-government causes since his days as Texas attorney general. His active support could be key to adoption of the proposal after failures in years past. Passage of the legislation – assuming it doesn't fall victim to a presidential veto – would make the federal government fall in line with more than 30 states with forms of shield laws on the books.

Sadly, Texas is not among those states. An attempt to pass the state's Free Flow of Information Act failed in Austin this year. Efforts to prevail in that fight will have to await the 2009 legislative session.

The wait should not be that long in Washington.