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Times Herald – Federal shield bill should become law

Reporters' confidential sources need protection

Times Herald, Port Huron, Mich.
Oct. 25, 2007

The public's right to know is as important today as ever. Thanks to advances in technology, information is far more accessible. In principal, that should strengthen d

Reporters' confidential sources need protection

Times Herald, Port Huron, Mich.
Oct. 25, 2007

The public's right to know is as important today as ever. Thanks to advances in technology, information is far more accessible. In principal, that should strengthen democracy.

The media's commitment to ensuring the American public is informed - particularly regarding the policies and actions of government - sometimes encounters challenges. Reporters can end up in jail for refusing to reveal their confidential sources.

Congress is on the verge of providing critical protection to those who act on behalf of the public's right to know. In a 398-to-21 vote this week, the U.S. House of Representatives approved the Free Flow of Information Act, an important step toward establishing the nation's first federal shield law.

The Senate Judiciary Committee already passed a similar measure. If it wins the full Senate's approval, only President Bush's threatened veto could prevent the legislation from becoming law.

White House objections are based on fears that federal protections for reporters and their sources could compromise the War on Terror. Press Secretary Dana Perino said the law would grant privileges to reporters that "could severely frustrate - and in some cases, completely eviscerate - the ability to investigate acts of terrorism or threats to national security."

The Sept. 11, 2001, terrorist attacks unquestionably changed America. The nation's subsequent counter-terrorism efforts clearly required a new balance between freedom and security, but it should not sacrifice or endanger the public's right to know.

The Free Flow of Information Act attempts to affirm the vital role a free press must play in a democratic society - even when terrorists have placed it under attack. Its provisions curb the power of federal authorities to require journalists to reveal their sources or to force them to testify in court, but they also include safeguards against compromising national security.

Information would be disclosed to prevent an act of terrorism, to arrest a known terrorist. Personal medical or financial records also would be shielded from public disclosure.

In fact, the legislation doesn't apply to reporters who actually witness a crime. That exemption could be so broadly interpreted as to unduly compromise the necessary protection all journalists deserve.

Even with that troubling provision, the proposed law still is an important milestone. Its new standards are needed now more than ever.

The press has encountered increasing threats in its effort to serve the public's interests. Federal courts have demanded reporters reveal their sources. Those who refuse are threatened with fines and imprisonment.

In the past four years, America's courts have taken an increasingly hostile attitude to press freedom and the rights of reporters to protect their sources. That must change.

The broad support for this important legislation ought to dissuade the president from imposing his veto.

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