The Free Flow of Information Act, a federal shield law for reporters and news gatherers, looks like it's back on track.
A compromise between the White House, Congress, the Justice Department and media will give the shield law back it's teeth and make it an effective, and worthwhile, piece of legislation.
It's an important compromise and we'd encourage our state senators to support the proposed legislation. It is scheduled to be heard in the Judiciary Committee tomorrow.
The shield law compromise would protect reporters from revealing their sources if doing so would not be a threat to national security - withholding information that could avert an impending terrorist attack, for instance.
The compromise reached would allow courts to weigh in on the necessity of government efforts to uncover the anonymous sources. The courts will consider what's more important in each case: The public interest or the government's need to know the anonymous source.
It's a working balance.
The American Society of Newspaper Editors reports: "Since 2001, five journalists have been sentenced or jailed for refusing to reveal their confidential sources in federal court. Two reporters were sentenced to 18 months in prison and one reporter faced up to $5,000 a day in fines. A 2006 study estimated that in that year alone, 67 federal subpoenas sought confidential material from reporters, with 41 of those subpoenas seeking the name of a confidential source."
Clearly that has a chilling effect on newsgathering. But the shield law isn't so much about protecting reporters as it is about ensuring the public's right to know. If government sources fear they would be named by reporters who have been jailed for doing their jobs, they'll be much less likely to come forward.
And that means less likely to come forward to a widening array of news and information providers. The language of the proposed shield law doesn't simply cover journalists at the nation's newspapers.
Protection under the law would also be for those with the "primary intent ... to disseminate to the public news." Freelancers, those who aren't employed by a news outlet and even, potentially, bloggers, may find protection from the heavy hand of government.
The legislation isn't a done deal. While it may make it out of committee there's no guarantee the full Senate will approve it or that hundreds of news organizations will support its passage.
Let's hope the compromise is a working solution to a vexing problem. The shield law is called the Free Flow of Information Act because it does just that - allow for the free flow of information. The public has a right to know what the government is up to, even if the information comes from an anonymous source as it often does. Without this kind of protection, that simple right to know would be in jeopardy.