Proposed Federal Shield Law In Limbo

Related Links:

San Francisco Bay Guardian: Locking up the press

Washington Post: A Federal Shield Law

Sept. 5, 2008

The fate of a Senate Bill that would protect journalists and their confidential sources remains uncertain even as media organizations continue to lobby Congress to pass this legislation during its Fall session. The bill got stalled and was not acted upon in time for Congress’ August recess.

Last year, the House passed HR 2102, its version of the measure known as the Free Flow of Information Act of 2007.

There are concerns among the media that the current Senate measure weakens protections for journalists and their sources as it would be in cases involving leaks of so-called classified information. In such cases, prosecutors would not have to exhaust all other options before asking the courts to force journalists to reveal their sources.

A story in the San Francisco Bay Guardian cites numerous cases where a federal shield law would have protected journalists, including New York Times reporter Judith Miller, USA Today's Toni Locy and others. Neither the House or Senate versions of this federal shield law, however, would benefit bloggers and freelance journalists, such as independent videographer Josh Wolf, who served jail time for not relinquishing his footage to police. Nevertheless, Wolf favors the House bill, according to the Guardian.

The Reporters Committee for Freedom of the Press, a non-profit organization, has been monitoring shield laws.

AAJA is among many journalism organizations that have called for a federal shield law. To date, a total of 49 states and the District of Columbia already have laws that protect journalists and their sources. Journalists and advocates for the public's right to know have long argued for such a law on the federal level.