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Shield Law passes Judiciary Committee in a 14-5 vote

We finally have good news to report regarding the shield law, officially named the Free Flow of Information Act. The Senate Judiciary Committee approved S 448 by a 14-5 vote today with a few limited amendments.

We finally have good news to report regarding the shield law, officially named the Free Flow of Information Act. The Senate Judiciary Committee approved S 448 by a 14-5 vote today with a few limited amendments.

Several amendments to S 448 were introduced in the committee. Most failed, but four passed (two of which we told you about in earlier Member Alerts):

  • An amendment introduced by Senator Orrin Hatch that allows the privilege to be broken in instances where certain crimes have been or will be perpetrated against children (we discussed this amendment in an earlier Member Alert).
  • An amendment introduced by Senator Jon Kyl that requires the Department of Justice to report to Congress in 2013 on the number of times in which a court failed to compel a reporter to testify or otherwise produce documents in a federal proceeding as a result of this Act and whether the Act creates any procedural impediments to FBI law enforcement activities.
  • An amendment introduced by Senator Jon Kyl that slightly weakens the privilege in criminal cases by permitting the compelled testimony from a reporter where the information is essential in any way to the case, not just to the particular question of guilt or innocence.
  • An amendment introduced by Senator Jon Kyl that allows the privilege to be broken where there is a danger to the nation's critical infrastructure.

Overall, these changes are relatively minor, and we are pleased with today´s outcome. There are likely to be more amendments introduced and potentially even more changes when the bill moves to the Senate floor. We will, of course, keep you updated on any further developments, as your participation will become even more necessary in coming weeks.

When and if Senate passage occurs, the bill will need to be reconciled in conference with a different version that the House passed earlier.

Thank you,

Andy Alexander
Tim Franklin
ASNE Freedom of Information Committee Co-Chairs

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