October 2007 - Media Groups Applaud Senate Committees Support of Shield Law Bill

Step brings federal protection of confidential sources one step closer to Senate floor vote

Washington —The Free Flow of Information Act of 2007 (S. 2035) reported out by a 15 to 2 vote in the Senate Judiciary Committee was applauded by more than 50 media companies and organizations today. With the instrumental leadership of Judiciary Chairman Patrick Leahy and the sponsors of S. 2035, a federal shield bill is one step closer to a Senate floor vote.

The supporters of S. 2035 in the final roll call vote were: Chairman Patrick Leahy (D-VT), Ranking Member Arlen Specter (R-PA), Sens. Charles Schumer (D-NY), Lindsey Graham (R-SC), Dianne Feinstein (D-CA), John Cornyn (R-TX), Russell Feingold (D-WI), Edward Kennedy (D-MA), Joseph Biden (D-DE), Orrin Hatch (R-UT), Charles Grassley (R-IA), Herb Kohl (R-WI), Richard Durbin (R-IL), Benjamin Cardin (D-MD), Sheldon Whitehouse (D-RI).

Sens. Jon Kyl (R-AZ) and Sen. Sam Brownback (R-KS) opposed the legislation, and Sens. Jeff Sessions (R-AL) and Tom Coburn (R-OK) abstained from the roll call vote.

The need for a federal shield law is long overdue. Thirty-three states and the District of Columbia offer some degree of shield law protection, while an additional 16 have seen judicial decisions supporting the safeguarding of confidential sources' identities. At the federal level, however, there is currently no shield law protection, as evidenced by a wave of federal subpoenas that have threatened to (and in some cases actually have) put reporters behind bars.

John F. Sturm, President and CEO of the Newspaper Association of America, issued the following statement on behalf of the media coalition:

“We applaud the dedication of all the lawmakers who supported this measure, particularly its champions, Judiciary Chairman Patrick Leahy (D-VT), Sens. Arlen Specter (R-PA), Charles Schumer (D-NY) and Lindsey Graham (R-SC). We also appreciate the support of long-time shield advocates, Sens. Richard Lugar (R-IN) and Christopher Dodd (D-CT). With the passage of S. 2035 and a similar bill in the House Judiciary Committee, we look forward to a floor vote in both chambers of Congress this year.”

“While news organizations and journalists always prefer - and strive - to have their sources on-the-record whenever possible, there are times when sources will not come forward without the promise of confidentiality. Critical stories bringing forward important information to the American public, such as the Enron scandal, the conditions at the Walter Reed Medical Center, and Iraqi prisoner abuse, were made possible by confidential sources.”

“The Free Flow of Information Act of 2007 addresses law enforcement and national security concerns while protecting the free flow of information. By enacting a federal shield law, the Congress can ensure that all parties – journalists, sources, prosecutors, civil litigants and courts alike – can rely on consistent and well-articulated standards of procedure.”

This coalition of media companies and organizations urges Congress to act swiftly in passing the Free Flow of Information Act.

A list of supporting media companies and organizations is included on the following page. [See also what coalition members are saying about the shield law in the attachments.]

For more information about the legislation, please visit http://www.naa.org/Public-Policy.aspx.

Media Companies / Organizations Supporting S. 2035 – “Free Flow of Information Act of 2007”

ADDITIONAL STATEMENTS OF SUPPORT

FOR THE “Free Flow of Information Act”

David Westin, President, ABC News

"Freedom of the press is just a slogan unless reporters (and ultimately the public) have access to sources of critical information. Time and again some of our most important stories have come from confidential sources. This bill addresses the need for the federal government to recognize the public's right to know, just as 49 of the states have recognized in their individual laws for some time. It will make clear to journalists, to courts, and to sources alike that confidentiality is protected and will give all courts uniform standards for defining that protection."

Tony Overman, President, National Press Photographers Association:

“Joshua Wolf, a freelance photographer in California spent 226 days in prison this year (longer than any other journalist in U.S. history) for his refusal to turn over his raw video of an incident involving the San Francisco police. He would have normally been protected by California’s strong shield law until prosecutors did an end-run around those protections by bringing the case in federal court. This long overdue measure will help provide the same protection for journalists in federal court as they have in almost every state court in the United States.”

Gilbert Bailon, President, American Society of Newspaper Editors; Publisher and Editor, Al Día (Dallas, TX):

“The First Amendment guarantee of a free press is threatened by recent trends in the courts. We support this legislation's balanced approach to a federal shield law because it clarifies the role of all journalists and will allow us to better serve the public's right to know.”

Richard Karpel, Executive Director, Association of Alternative Newsweeklies:

“When the news is bad, it's only natural that public officials try to hide it. Consequently, confidential sources are often the only means to uncovering the truth. By protecting those sources, this bill helps the American public hold its government accountable.”

Nina Link, President and CEO of the Magazine Publishers of America:

“We commend Chairman Leahy and Senators Specter, Schumer, Dodd, and Lugar, as well as their House colleagues, Chairman Conyers, and Representatives Boucher, Coble, Pence, Walden, and Yarmuth, for their tireless efforts to promote government accountability through their sponsorship of the Free Flow of Information Act.”

“This is not a Democratic or Republican issue. This bipartisan group of lawmakers has come together to help ensure that the American public will receive vital information essential to our democracy through the protection of confidential sources.”

Sandy Baron, Executive Director, Media Law Resource Center:

“The Media Law Resource Center commends the Senate Judiciary Committee members who voted for the ‘Free Flow of Information Act’ for understanding that protecting the ability of journalists to gather information ultimately protects the public’s ability to receive that information – often on the actions of government and other powerful institutions in our communities and nation. The Free Flow of Information Act would bring some measure of harmony between the federal law and legal systems and those of the majority of states that currently limit compelled disclosure and testimony by journalists.”

David Rehr, President and CEO, National Association of Broadcasters:

“NAB applauds Chairman Leahy and Senators Specter and Schumer for their dedication to keeping the public informed through quality investigative reporting. Broadcast journalists take seriously their role in providing listeners and viewers with critical information that at times carries significant risk to reporters and their sources. NAB also appreciates the continued leadership of Senators Dodd and Lugar and we will continue working with both chambers of Congress to ensure that journalists can do their job without fear of revealing confidential sources.”

Jerry Zremski, President, The National Press Club, Washington, D.C.; Washington Bureau Chief, The Buffalo News:

"Some of the most important reporting ever done on the federal government has come about because government employees trusted reporters to protect their confidentiality. For the good of the country, that bond of trust between reporters and sources should not be broken by overzealous prosecutors. A federal shield law is absolutely necessary to protect that bond, so that whistleblowers and reporters can continue to reveal information that the public needs to know."

Jerry Tidwell, immediate past President, National Newspaper Association; Publisher, Hood County News (Granbury, TX):

“Media of all sizes need to be concerned about being able to protect sources and shield themselves from fishing expeditions in litigation, which can be costly and disruptive. For small media, unnecessary subpoenas can bring a newsroom to a complete halt.”

John F. Sturm, President and CEO, Newspaper Association of America:

“The legislation is a positive step toward preserving the free flow of information while still honoring the public interest in having reporters testify under certain circumstances. Too often the journalist is becoming the first stop – rather than the last resort – for civil litigants and prosecutors attempting to obtain the identity of confidential sources. The bill establishes important and balanced ground rules for compelled disclosure of sources and information from reporters.”

Linda Foley, President, Newspaper Guild-CWA:

“Working journalists need to be able to provide protection of sources at all levels in order for our democratic system of government to function properly.”

Barbara Cochran, President, Radio-Television News Directors Association:

“Broadcast investigative reporter Jim Taricani spent four months under house arrest rather than reveal the source of his report on corruption in the government of Providence, R.I. Without a federal shield law, reporters like Taricani may spend time in confinement when they should be in newsrooms. RTNDA applauds Chairman Leahy and other Judiciary Committee members for taking action to safeguard journalists’ ability to obtain important information for the public from confidential sources.”

Lucy Dalglish, Executive Director, Reporters Committee for Freedom of the Press:

“From Watergate to stories about warrantless eavesdropping on American citizens, reporters have relied on anonymous sources to report on important stories about government behavior and corporate wrongdoing. The Free Flow of Information Act will make it easier for reporters to protect the sources of such stories."

Christine Tatum, President, Society of Professional Journalists, Assistant Features/Online Features Editor at The Denver Post (Denver, CO):

"Some of the greatest investigative stories of our time – many of them pertaining to the actions of our federal government – have relied on the press' ability to promise sources confidentiality. SPJ commends legislators who support a federal shield law. They clearly understand that anonymous sources often help build a more informed public, which is better able to hold its elected leaders accountable."

First Published:
October 04, 2007