In House, New Effort to Protect Journalists From Forced Disclosure of Sources
Washington Post Staff Writer
Thursday, May 3, 2007; Page A02
Congress will again consider a shield law allowing reporters to protect the identities of their sources, except when a judge decides the public interest comes first.
The bill, co-authored by Reps. Rick Boucher (D-Va.) and Mike Pence (R-Ind.) and co-sponsored by House Judiciary Committee Chairman John Conyers Jr. (D-Mich.), is a variation on a bill introduced last year. It would enshrine protection already granted by 32 states and the District into federal law.
The Free Flow of Information Act, introduced yesterday, would prevent reporters from being forced to reveal their sources, except when protecting them would breach national security, cause imminent death or significant harm, or shield someone who has disclosed trade secrets, personal health or financial information illegally. The bill would leave those determinations to a judge, who must first rule that disclosure best serves the public interest.
The similar bill that failed last year allowed an exception for national security only.
Boucher, who with Pence co-sponsored last year's bill, said past efforts failed because the news industry was divided on whether the legislation was necessary. "Those days are past now," Boucher said. "We have a very broad base of support from the journalistic profession." Boucher said the Democratic majorities in both houses and Conyers's support for the House bill add further reason for optimism. The Senate version of the bill is co-sponsored by Sens. Christopher J. Dodd (D-Conn.) and Richard G. Lugar (R-Ind.).
The legislation drew support from lawmakers who feel it protects not only journalists but also government and corporate whistle-blowers. equally with journalists. "As a conservative who believes in limited government, I know the only check on government power in real time is a free and independent press," Pence said in a statement. "The Free Flow of Information Act is not about protecting reporters; it is about protecting the public's right to know."
