SPJ NewsEvents and DeadlinesSPJ Blogs (National)Quill OnlineJournalist's Toolbox
“The ability of news reporters to assure confidentiality to sources is fundamental to their ability to deliver news on highly contentious matters of broad public interest. The Free Flow of Information Act, which I have introduced in the U.S. House of Representatives with my colleague Mike Pence, will protect reporters from being compelled to disclose their confidential sources of information in federal court proceedings. Our legislation will offer the same protection which reporters are currently guaranteed in thirty-three states and will help underpin our nation’s tradition of honoring press freedom as a hallmark of our open and informed society.” —Congressman Rick Boucher (D-VA)
“As a conservative who believes in limited government, I know the only check on government power in real time is a free and independent press. The Free Flow of Information Act is not about protecting reporters; it is about protecting the public's right to know. I believe that concentrations of power should be subject to great scrutiny. The longer I serve in Congress, the more firmly I believe in the wisdom of our Founders - especially as it pertains to the First Amendment and freedom of the press. It is imperative that we preserve the transparency and integrity of American government, and the only way to do that is by preserving a free and independent press.” —Congressman Mike Pence (R-IN)
“On several occasions at the LEO (an alternative newsweekly), we were able to open doors due to confidential accounts of protected sources, which, without assured protections, would have remained closed to us forever. Simply stated, if this bill is not passed, we as a country will be in the dark on certain issues, good journalists will go to jail, and potential sources will remain tight lipped.” —Congressman (and SPJ member) John Yarmuth, (D-KY)
“I believe in limited government and fiscal discipline, and in today's modern media age, the best way to keep our government accountable is a free and independent press. Government waste, fraud and abuse are a breach of public trust, and we must not punish reporters who bring such indiscretions to light through confidential sources. Passing legislation creating a federal media shield is the best way to protect the public's right to know.” —Congressman Tim Walberg (R-MI)
“This standard will give reporters and their sources a safe harbor to freely discuss sensitive information, free from the fear of legal intimidation. The legislation would also provide several exceptions for national security, imminent death, bodily harm, trade secrets, or when personal medical information has been wrongfully disclosed. The free flow of information may reveal facts to the public that may not otherwise see the light of day. Although I generally do not cosponsor many bills, I sponsored H.R. 2102, because I believe in the spirit of this legislation, which serves to ensure that our press remains independent and free.” —Congressman Howard Coble (R-NC)
“A free press is the cornerstone of a free nation. A free and independent press serves as a vital check on the government and protects the public's right to know. The Free Flow of Information Act will help protect this vital tenet of our democracy.” —Congressman Connie Mack (R-FL)
Press Freedoms
Struggling to Report: Federal Shield Law
SPJ Video: Hitting the Hill
The Free Flow of Information Act of 2007 (HR 2102 and SB 1267) has bipartisan support in the U.S. House of Representatives and U.S. Senate. Sponsors include Reps. Mike Pence (R-IN), Rick Boucher (D-VA), John Conyers (D-MI) and SPJ member John Yarmuth (D-KY). Senate sponsors include Sen. Richard Lugar (R-IN), Sen. Pete Domenici (R-NM), Sen. Mary Landrieu (D-LA) and Sen. Ken Salazar (D-CO).
Currently, 49 states have shield laws or operate under court rulings that grant journalists and their sources a “privilege” much like those afforded to clergy, lawyers and their clients and therapists and their patients. This protection applies only to local and state cases, not federal ones.
Among the bill’s provisions:
— The federal government could not compel a person covered by the shield to provide testimony or produce documents without first showing the need to do so by a “preponderance of evidence.”
— Journalists can be compelled to reveal the identity of sources when the court finds it necessary to prevent “imminent and actual harm to national security” or “imminent death or significant bodily harm.” Journalists also may be compelled to identify a person who has disclosed trade secrets, health information or nonpublic personal information of any consumer in violation of current law.”
— People covered by the shield would be those “engaged in journalism.” Journalism is defined as “the gathering, preparing, collecting, photographing, recording, writing, editing, reporting or publishing of news and information for dissemination to the public.” The bill does not explicitly protect bloggers, but to the extent a court determines they are engaged in the practice of journalism, they are likely to be shielded.
Copyright © 1996-2012 Society of Professional Journalists. All Rights Reserved. Legal
Society of Professional Journalists
Eugene S. Pulliam National Journalism Center, 3909 N. Meridian St., Indianapolis, IN 46208
317/927-8000 | Fax: 317/920-4789 | Contact SPJ Headquarters | Employment Opportunities | Advertise with SPJ
