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Tennessean — Bring federal shield law to vote

The Tennessean, Nashville
Aug. 13, 2010

Whistle-blowers in Tennessee and a number of other states can come forward and report waste, fraud and other wrong doings to the media, knowing that state shield laws protect them and journalists from being compelled to disclose their sources.

The Tennessean, Nashville
Aug. 13, 2010

Whistle-blowers in Tennessee and a number of other states can come forward and report waste, fraud and other wrong doings to the media, knowing that state shield laws protect them and journalists from being compelled to disclose their sources.

That isn’t the case in all states, but a bill before Congress would make such laws consistent nationwide and protect the public’s right to know.

Journalists continue to face escalating pressure to reveal the identity of sources that have been promised confidentiality.

Earlier this month, United Methodist Communications had to go to the U.S. District Court of Middle Tennessee to try to quash a subpoena that had been served on a staffer by Metro officials.

Officials wanted the entire, unedited video interview that Kathy L. Gilbert had done with Juana Villegas, an undocumented immigrant who faces deportation. Interview excerpts had been posted on the church website. Metro didn’t explain why they needed the video, but the church’s attorney thought the case was clear-cut.

“This interview is entitled to the privilege set forth in the Tennessee (Media) Shield Law because United Methodist Communications is ‘news or media,’ and the video interview is the kind of information that is protected by the shield law,’’ Nashville attorney Joel D. Eckert said in court documents.

Tennessee passed its shield law in 1973. Its purpose is to keep information flowing from all sources, including protected confidential sources. Villegas’ case drew national media to Nashville in 2008 after the native of Mex ico was arrested on charges of driving without a license and kept shackled during child birth while in Metro custody.

Now, a bipartisan bill before the U.S. Senate, supported by more than 70 media companies and journalism organizations, would create a federal shield law with similar protections. A vote on this vital mea sure is needed when senators return from recess in mid-September. A similar version already has passed in the House.

Under the proposed law, the burden would be on the federal government to prove that the information it seeks from journalists or whistle-blowers outweighs the need for confidentiality.

“For too long, journalists have been prosecuted and incarcerated for refusing to hand over source names and information they have gathered while on the job,’’ the Society of Professional Journalists says. “Many have lost countless dollars and resources fighting the battle. Others have lost days of their lives in jail.’’

Tennessee Sen. Lamar Alexander’s office said earlier this week that he plans to review the proposed Free Flow of Information Act of 2010 before deciding how to vote on it. Sen. Bob Corker’s office said he wants to review the final draft “to ensure it strikes the right balance between a free press and the need to protect public interest and national security.”

The proposed legislation has been modified considerably over the past six years to address national security concerns. It now contains broad exceptions when the government seeks information that could thwart a terrorist attack or otherwise safe guard national security.

We call on Sens. Alexander and Corker to back this crucial legislation. By doing so, they would support the principle that a free and democratic society cannot survive without an informed citizenry.

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