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The Public, Not Just Press, Needs Congress To Pass Shield Law

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The Tampa Tribune

Published: October 22, 2007

The U.S. House of Representatives last week overwhelmingly passed a bill that would create a 'shield law' for journalists that would prevent the government, under most circumstances, from forcing reporters to reveal sources.

This important legislation, supported locally by U.S. Reps. Kathy Castor, Adam Putnam, Gus Bilirakis and Ginny Brown-Waite and approved by the Senate Judiciary Committee, should be passed by the full Senate and sent to President Bush, who should sign it.

The legislation clarifies the relationship between reporters and their sources and safeguards the public by preventing the government from using reporters as an investigative tool.

It shows lawmakers' regard for the role of media in reporting what government is up to - the good and the bad.

The Bush administration claims the bill's protections would frustrate the government's ability to investigate terrorism and national security threats. But the administration has not proven its case.

It's important to the democratic process that reporters be able to obtain vital information from sources who would otherwise not expose government wrongdoing or inform the public about other matters they should know.

Moreover, the shield law is not absolute. Prosecutors could compel a reporter's testimony in a criminal case when there are reasonable grounds that a crime has been committed and the targeted documents or testimony is 'essential' to the investigation, prosecution or defense.

But otherwise, the identity of sources would be protected except in certain cases, such as when disclosing it is found to be necessary to prevent 'imminent death or significant bodily harm.'

The bill also clarifies that the shield does not apply when the requested information would identify a terrorist, a threat to national security or a source who leaked 'properly classified information' that presents a 'significant and articulable harm to national security.'

The shield would apply only to 'regularly' practicing journalists.

Today, 33 states, including Florida, and the District of Columbia have shield laws to protect reporters and their sources. In the interest of journalism, the public and democracy, the federal government needs one, too.

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