Leahy Calls On Senate To Consider Media Shield Legislation

. . . Two Reporters’ Privilege Bills Await Senate Action

 

WASHINGTON (Wednesday, Oct. 24) – Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) is pressing for prompt Senate action on bipartisan legislation to establish a federal qualified reporters’ privilege.  The Senate Judiciary Committee on Oct. 4 passed The Free Flow of Information Act, which would protect the exchange of information between journalists and confidential sources, and the bill now awaits floor action. 

 

The House of Representatives passed similar legislation Oct. 16.  At Leahy’s request, the House bill has been placed directly on the Senate calendar to expedite its consideration by the full Senate, alongside the bill approved by the Senate Judiciary Committee.  Dozens of media organizations across the country support the Senate’s legislation, including the Vermont Press Association, the New England Press Association, the Associated Press, the American Society of Newspaper Editors, The New York Times Company, and The Washington Post.

 

“The Senate now has two pending legislative efforts to enact a shield law for reporters,” said Leahy.  “The Senate should immediately consider these bipartisan, consensus bills to protect the journalists who work diligently to support and preserve the public’s right to know.”

 

The media shield legislation would:

 

• Establish a federal qualified reporters’ privilege to protect and encourage the free flow of information between journalists and sources;
• Reconcile a reporter’s need to maintain confidentiality -- in order to ensure that sources will speak openly and freely -- with the public’s right to effective law enforcement and fair trials;
• Balance the public interest in combating crime and protecting national security and the public interest in ensuring a free and vibrant press by providing that a federal court can only force a journalist to reveal confidential source information when the information is truly essential or crucial to a case or investigation;
• Provide exceptions to the privilege for those situations where information sharing is critical.

 

Leahy Tuesday night encouraged the Senate to promptly consider either of the media shield bills.  His statement follows.

 

Statement Of Judiciary Committee Chairman Patrick Leahy

On Senate Consideration Of Legislation

 To Establish A Federal Statutory First Amendment Privilege

October 23, 2007

 

The Senate Judiciary Committee has considered and for the first time reported a bill to establish a federal statutory privilege to safeguard the freedom of the press.  The Free Flow of Information Act, S. 2035, is bipartisan legislation that was reported on a strong bipartisan vote. The House has already passed legislation on this same subject, H.R. 2102, with a strong, bipartisan and apparently veto-proof majority of 398 to 21.  Thus, both S.2035 and H.R. 2102 are available for Senate action on the Senate Business Calendar.  I strongly support the enactment of a federal shield law for journalists, and I urge the Senate to promptly consider federal shield legislation.

 

All of us have an interest in enacting a balanced and meaningful first amendment privilege. Sadly, the press has become the first stop, rather than the last resort, for our government and private litigants when it comes to seeking information.  This is a dangerous trend that can have a chilling effect on the press and the public’s right to know.

 

Enacting federal shield legislation would help to reverse this troubling trend.  In fact, proceeding promptly to consideration of this legislation is something I strongly support. Should the Senate take up the bipartisan shield bill that overwhelmingly passed in the House, federal shield legislation could go immediately to the President's desk and be signed into law without delay this year.

 

The Senate bill has the support of a bipartisan coalition of Senators, including Senators Specter, Schumer, Lugar, Dodd, Graham and myself, who have all united to cosponsor this legislation.  In addition, more than 50 news media and journalism organizations support this legislation and the call for Senate action on this historic bill extends to editorial pages across the country, including The New York Times, Arizona Republic, L. A. Times, Salt Lake Tribune, and San Francisco Chronicle, among others. 

 

The Senate and House bills protect law enforcement interests and safeguard national security.  Moreover, both of these bills follow the lead of 33 States and the District of Columbia which have shield laws, and many other States, including Vermont, which recognize a common law reporters’ privilege.  Tellingly, the Bush Administration has not identified a single circumstance where a reporters’ privilege has caused harm to national security or to law enforcement, despite the fact that many courts have recognized such a privilege for years.

 

When he testified before the Judiciary Committee in favor of federal shield legislation in 2005, William Safire told the Committee that the essence of newsgathering is this: “[I]f you don’t have sources you trust and who trust you, then you don’t have a solid story – and the public suffers for it.”  On behalf of the American public, I urge the Senate to protect the public’s right to know by promptly considering and passing a federal shield law.