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Shield assures flow of information
The Gazette Opinion Staff
Sep. 24, 2009 12:38 am
In every state save one, reporters have some ability to protect their anonymous sources. That protection is vital to journalists' work as watchdogs over government.
But when it comes to federal court cases, reporters have little or no such protection. That must change.
Today, the U.S. Senate Judiciary Committee is expected to try for the second time in as many weeks to approve a bill that would provide a shield for reporters whose work includes monitoring the federal government. S. 448 - the Free Flow of Information Act - isn't designed only to benefit journalists. Instead, it helps ensure that all Americans have the information needed to ensure their interests are protected.
Sen. Chuck Grassley of Iowa is a member of this committee and we need his support to advance the bill without adding amendments that would weaken the legislation.
Kevin Z. Smith, president, Society of Professional Journalists, wrote this week that “while some people may tell you this is a bad decision, the question that needs to be asked of this bill's opponents is: How is a democracy served when its citizens know less about the actions of its government?
“Without stronger rights to protect sources in federal court cases, journalists are at the mercy of prosecutors who have feasted steadily on the media for the simplest and sometimes most absurd reasons. Instead of prosecutors doing their due diligence to find out who supplied anonymous information to the media, it's been a lot easier in the past eight years to simply drag journalists into court, demand their informants' names and have sympathetic federal judges toss them into jail until they loosen their lips.”
Smith noted that it's increasingly expensive for the media to hold the federal government accountable. The number of federal subpoenas to the media has more than doubled in recent years - in 2007, according to a Brigham Young University research project, there were 800, including 175 from the Department of Justice. Nationwide, from all prosecutors, the total was more than 7,000.
This trend discourages journalists and their media employers from pursuing stories that may reveal government corruption or illegal activity by elected officials. It also inhibits citizens, who may not share vital information if they fear their identity could be forced by a court order.
The bill before the Judiciary Committee has been three years in the making. It spells out reasonable exemptions in cases where a preponderance of evidence indicates national security is at risk. While parts of it are still vague, S. 448 is a huge step toward making sure there's a free flow of information - a vital component of democracy.
We urge Sen. Grassley and his committee colleagues to do the right thing. Move this bill to the full Senate.
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