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Syracuse.com — Shield Them

Federal law needed to protect journalists and their sources

Syracuse.com, N.Y.
July 24, 2008

If Toni Locy had revealed the confidential government sources who told her about the government's identification of scientist Steven Hatfill as “a person of inter

Federal law needed to protect journalists and their sources

Syracuse.com, N.Y.
July 24, 2008

If Toni Locy had revealed the confidential government sources who told her about the government's identification of scientist Steven Hatfill as “a person of interest” in the 2001 anthrax investigation, her life would have been so much easier.

But instead, the former USA Today reporter stood by the promise of confidentiality she gave to her sources and refused to hand over the information sought by Hatfill, who sued the government and recently won a multimillion-dollar settlement.

Locy, now a journalism professor, was held in contempt of court and faced jail time. She was fined $5,000 a day by U.S. District Judge Reggie Walton, a sum neither her newspaper nor anyone else was allowed to pay. The U.S. Court of Appeals blocked that contempt fine, and Locy's case may be moot since the Hatfill settlement.

Still, Locy has become a symbol for why the nation needs a federal shield law that protects reporters from being legally forced to betray their confidential sources. Most states, including New York, have such protections.

The House of Representatives overwhelmingly passed federal shield legislation 398-21. The Senate may vote on a similar bill, co-sponsored by Sen. Charles Schumer, as early as this week. Senators should follow the example of their colleagues in the House.

Imagine what kinds of abuses might occur if government and other leaders knew that reporters were required to turn in the people who supplied information about their wayward practices. Sources would be too intimidated to talk. And some reporters might become timid about even using them, for fear of retribution.

Consider that videoblogger Josh Wolf spent 226 days in jail in 2006 and 2007 a record for longest incarcerated reporter for refusing to testify about a videotape he took during a 2005 demonstration against the G-8 summit in San Francisco. He eventually turned over the tape to prosecutors, but also posted it on his Web site.

The Bush administration is opposed to a federal shield law, suggesting it would provide a tool for terrorists and terrorism. But without a shield law, and with judges seemingly more willing to target journalists, the administration or any future administration might be freer to pursue secretive and abusive practices such as eavesdropping on citizens or using torture.

Besides, the proposed federal law would allow confidential sources to be revealed when national security was threatened.

Forty-one state attorneys general recently signed a letter supporting the Senate bill. Both presidential candidates back the legislation.

The Senate should pass it to protect not only reporters, but the people who have the courage to blow the whistle about abuses that affect all citizens.

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