Avalanche-Journal — Lawmakers should cast yes vote on Free Flow of Information Act

• By: ASNE staff
• On: 04/01/2009 15:58:00
• In: Shield law editorials

The Avalanche-Journal, Lubbock, Texas
March 29, 2009

If enacted into law, as we believe it should be, the Free Flow of Information Act will provide protection for reporters that has been lacking at the federal level despite the existence of shield laws in 33 states and the District of Columbia and judicial protection in 16 other states. HR 985 seeks to protect journalists from being forced to disclose confidential sources.

Confidential sources should be divulged only as a last resort.

Why does this matter to you? It matters because unrestricted access to public information benefits everyone, not only members of the media who are trying to collect, analyze and disseminate it.

More than 40 reporters have been subpoenaed or questioned about their confidential sources, their notes, and work product over the last few years in criminal and civil cases in federal court.

“When neither the reporter nor his source can rely on the shield

of confidentiality against unrestrained use of the grand jury's subpoena power, valuable information will not be published and the public dialogue will inevitably be impoverished,” as Justice Potter Stewart wrote.

Although the bill's movement this session has been slow and halting, there was a sign of progress last week as the House Judiciary Committee passed it by voice vote.

HR 985 is identical to the previous version of this legislation, HR 2102, which passed the House of Representatives by a 398-21 vote in the 110th Congress. U.S. Rep. Randy Neugebauer, R-Lubbock, voted with the majority. The Senate did not take up the measure in the last Congress, however.

“Because widespread support for the House version of the federal shield law appears to have carried over into the current Congress, we are hopeful a floor vote will occur quickly,” according to a spokesman for the American Society of Newspaper Editors.

At the same time, we're pleased to be monitoring the progress of similar legislation currently making its way at the state level through bills before the Texas Legislature. We've consistently supported Free Flow of Information legislation in the past and will continue to do so until it becomes law at the state and national level.

Editorials represent the opinion of The Avalanche-Journal Editorial Board, which consists of Publisher Stephen A. Beasley, Editor Terry Greenberg, Editorial Page Editor Joe Hughes, editorial writer Joe Gulick, in addition to input provided by community advisory board members Adrienne Cozart, Anna Sterling and Irasema Velasquez.