Blog

Reporter – Wisconsin lawmakers raise concerns about federal shield law

The Reporter, Fond du Lac, Wis.
Oct. 19, 2007

WASHINGTON - Rep. Tom Petri said a bill the House has overwhelmingly passed could make it more difficult for judges to force reporters to provide crucial evidence in court cases.

That's why the Fond du Lac Republican and

The Reporter, Fond du Lac, Wis.
Oct. 19, 2007

WASHINGTON - Rep. Tom Petri said a bill the House has overwhelmingly passed could make it more difficult for judges to force reporters to provide crucial evidence in court cases.

That's why the Fond du Lac Republican and Rep. James Sensenbrenner, R-Menomonee Falls, voted no. They were among 21 House members to vote against the Free Flow of Information Act. The House approved the bill 398-21 on Wednesday.

The bill would allow reporters to refuse to disclose confidential sources to prosecutors and escape being held in contempt of court. The legislation contains several exceptions, such as in cases where the information is needed to prevent a terrorist act or a reporter has witnessed a crime.

Raj Bharwani, a spokesman for Sensenbrenner, said Thursday the lawmaker opposed the bill because it would create different legal standards for the media and the public. Sensenbrenner believes "there should not be a separate standard for reporters and non-reporters," Bharwani said.

President Bush has threatened to veto the bill because he considers the exceptions to be too few.

The legislation is supported by a broad media coalition that argues it is needed to protect media freedom. Congressional supporters say it would not create new protections for journalists.

"It gives journalists the protection that is already afforded to them in 49 states which protect the confidentiality of reporters' sources. Federal protection is long overdue," said Rep. Ted Poe, R-Texas.

House Judiciary Committee Chairman John Conyers, D-Mich., said a watchdog press is valuable in a free society and there should be restrictions on actions that could hinder the media.

"The history of the American press provides ample evidence of certain stories that would have never been known to the general public without the news media's use of confidential sources," said Conyers, citing stories about unsafe conditions at Walter Reed Army Medical Center, fraud at a California fertility clinic and steroid use in major league baseball.

Petri said he values the media and the First Amendment. However, he said the shield bill does not do a good job of defining a journalist in an age of bloggers.

The bill defines professional journalists as those who rely on the craft "for substantial financial gain." The Reporters Committee for Freedom of the Press said the definition would apply to some bloggers but that terrorist organizations or foreign government-run media divisions would not qualify for protection.

Petri said he expects newspapers in his district to scrutinize his vote.

"The path of least resistance would have been to vote for it," he said with a shrug.

Archive

Contributors