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San Antonio Express-News — U.S. Senate should pass crucial shield legislation

San Antonio Express-News
August 18, 2008

A federal shield law for journalists has become essential in this era of trolling prosecutors and civil lawyers looking for shortcuts to make their cases.

Despite passing by a large margin in the House, the Free Flow of Info

San Antonio Express-News
August 18, 2008

A federal shield law for journalists has become essential in this era of trolling prosecutors and civil lawyers looking for shortcuts to make their cases.

Despite passing by a large margin in the House, the Free Flow of Information Act failed to get enough support to be debated on the Senate floor late last month.

The Society of Professional Journalists reported that the measure was held hostage by senators who were trying to force amendments onto an energy bill.

When senators return from their August break, they should bring the bill to the floor and pass it on its merits.

The shield law would give journalists the qualified right to protect confidential sources without the threat of going to jail except in certain situations.

The exceptions include cases where national security is at stake. Journalists could be forced to testify when a court is convinced that all non-media sources are exhausted and the testimony is essential to the investigation or case, the SPJ noted.

The ability to protect confidential sources is crucial to democracy and exposing government problems, such as the Washington Post series on the dismal conditions at Walter Reed Medical Center.

Without the protection, whistleblowers would be far more reluctant to step forward, and Americans would learn much less about how their government is actually functioning.

As the SPJ has noted, the legislation provides a reasonable balance between the public's right to know and law enforcement.

We urge Sens. Kay Bailey Hutchison and John Cornyn to support bringing the Free Flow of Information Act to the Senate floor and vote for the measure.

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