Shielding Press Empowers The Public

It is shameful that this nation founded on the principles of open government is chipping away at the ability of the press to tell the public what's really going on.

Journalists in increasing numbers are being fined in federal courts and jailed for trying to protect their sources. A law is needed to clarify First Amendment press freedoms.

Just such a bill, called the Free Flow of Information Act, passed the House last year and is expected to be voted on as early as today in the Senate. It is disappointing that the Bush administration, the most secretive in memory, opposes it. But most Republicans and Democrats support it.

The bill would establish federal protections for the press similar to ones that have long existed in Florida and most other states. It is carefully worded to avoid abuse and protect national security.

In the House last October, the only Florida representatives voting against it were Republicans John Mica and Dave Weldon.

Seldom do reputable reporters and broadcasters rely on confidential sources, but sometimes there is no other way to tell an important story. Without the protections provided by the bill, journalists can be held in contempt of court if they don't tell a judge where sensitive information came from. The possibility of forced disclosure has a chilling effect on corporate whistleblowers, officials fed up with unscrupulous bosses, and all sorts of people in places high and low who know things the public also needs to know.

Usually, journalists receiving secret tips are able to confirm the information independently. When they can't, they need the ability go with the story and protect the source, whose career or safety could be jeopardized by exposure.

The bill makes reasonable exceptions for information that could cause actual harm to national security, expose important trade secrets, or reveal someone's private health records.

The law generally would prevent reporters from having to testify unless there is no other reasonable way to get vital facts, unless the reporter witnessed a crime, or unless there is a reasonable belief that a crime has occurred.

Former President Nixon told us in 1977: "Well, when the president does it, that means it is not illegal." He was wrong.

President Bush now wants federal courts to continue helping him make reporters expose any leak. He's wrong too.

Without a free and effective press, we can't expect to have a free and competent government.