Ledger — Pass Federal Shield Law

• By: ASNE staff
• On: 10/16/2007 13:20:10
• In: Shield law editorials

The Ledger, Lakeland, Fla.
Oct. 15, 2007

Shield laws allowing professional journalists to protect the confidentiality of their sources exist in 32 states and the District of Columbia; another 17 states have recognized confidentiality shields for journalists through case law. Maryland became the first state in the nation to have a shield law in 1896 when the General Assembly passed a law protecting journalists from having to reveal sources under certain circumstances.

Florida adopted such a law nearly a decade ago. The law here passed with wide support: 31-8 in the Senate, 105-7 in the House. It was signed into law by Gov. Lawton Chiles.

While Florida was a little late in adopting a shield law - it was the 30th state to do so - its law has become a model for the nation. It does not offer blanket protection for reporters, nor should it.

Rather, a three-part test must be met. First, the information sought by authorities has to be relevant. There would have to a compelling, exact reason to force disclosure. Lastly, the information could not be obtained for any other source.

There is no law on the federal level offering such protection to journalists. There needs to be. On Tuesday, the U.S. House of Representatives is scheduled to hold a floor vote on legislation (HR 2102) creating a federal shield law.

To his credit, Rep. Adam Putnam, R-Bartow, whose district covers most of Polk County, is listed among the 71 co-sponsors of the bill. (Rep. Ginny Brown-Waite, R-Brooksville, whose district includes a portion of the county's northwest corner, is not listed as a co-sponsor.) Support is bipartisan, with 45 Democrats and 26 Republicans.

While journalists would rather use sources who are willing to come forward, there are often good reasons why those with knowledge of a situation cannot do so. Without confidential sources, the conditions at Walter Reed Army Medical Center might not have been reported. Steroid use in baseball might still be unreported.

The White House opposes the bill, saying leaks that could harm national security could not be traced by law enforcement or intelligence officials.

Those concerns have been addressed during committee hearings and conferences. The legislation specifically compels disclosure of sources "to prevent an act of terrorism against the United States or other significant specified harm to national security," or "to prevent imminent death or significant bodily harm." Confidential sources who have revealed business secrets or disclosed the personal information of another, including health or financial information, must also be revealed.

The Senate sponsors of the Free Flow of Information Act are Sens. Charles Schumer, D-New York and Arlen Specter, R-Penn. Schumer said the bill "will put the bark back in America's watchdog. Our courts already protect the privacy of many forms of communication and this balanced, bipartisan bill recognizes that a reporter's relationship with a source deserves substantial protection too."

The bill is balanced and merits passage. A shield law will offer journalists taken to federal court the same protection they are given in state courts. More importantly, it protects both the journalist and the public interest.