2008 Woodie Awards
Legislation gives journalists right to defend sources' confidentiality
Erin Bowen
Issue date: 10/23/07 Section: Community
Maintaining the secrecy of confidential sources may be easier for journalists now that a new federal shield law has been passed.
The Free Flow of Information Act of 2007, the federal shield law bill to protect journalists' right to defend the confidentiality of their sources against federal prosecution, passed Oct. 16 in the House of Representatives.
With a 398-21 vote in the House, the shield law bill also has a version that was approved by the U.S. Senate Judiciary Committee Oct. 4. The bipartisan bills, H.R. 2102 and S. 2035, are sponsored by Representatives Mike Pence (R-Ind.) and Rick Boucher (D-Va.) and Senators Richard Lugar (R-Ind.) and Christopher Dodd (D-Conn.), according to Christine Tatum, president-elect of the Society of Professional Journalists.
Howard Kleiman, Miami University mass communications professor and Oxford-based coordinator of the Inside Washington program, said Congress has considered the possibility of shield laws for several years.
"This is the closest we've ever come to passing the bill," Kleiman said, prior the bill's passing. "A federal shield law is important for both journalists and the public. If journalists do a better job, then the public benefits."
Kleiman said 33 states, including Ohio, and the District of Columbia, have some degree of statue or common law to protect the privilege of journalists to conceal their sources.
Proponents of the law say the bill is necessary to protect reporters when printing sensitive information. This would not be possible without promising confidentiality to the source. The opposition contends the use of anonymous sources is a detriment to law enforcement actions and could threaten national security.
A major area of discussion concerning the shield law is the
First Amendment and the boundaries of the freedom of the press.
According to Hagit Limor, investigative reporter for WCPO-TV and president of the Cincinnati chapter of SPJ, denying freedom of anonymous sources to responsible journalism is a breach of the First Amendment.
The Free Flow of Information Act of 2007, the federal shield law bill to protect journalists' right to defend the confidentiality of their sources against federal prosecution, passed Oct. 16 in the House of Representatives.
With a 398-21 vote in the House, the shield law bill also has a version that was approved by the U.S. Senate Judiciary Committee Oct. 4. The bipartisan bills, H.R. 2102 and S. 2035, are sponsored by Representatives Mike Pence (R-Ind.) and Rick Boucher (D-Va.) and Senators Richard Lugar (R-Ind.) and Christopher Dodd (D-Conn.), according to Christine Tatum, president-elect of the Society of Professional Journalists.
Howard Kleiman, Miami University mass communications professor and Oxford-based coordinator of the Inside Washington program, said Congress has considered the possibility of shield laws for several years.
"This is the closest we've ever come to passing the bill," Kleiman said, prior the bill's passing. "A federal shield law is important for both journalists and the public. If journalists do a better job, then the public benefits."
Kleiman said 33 states, including Ohio, and the District of Columbia, have some degree of statue or common law to protect the privilege of journalists to conceal their sources.
Proponents of the law say the bill is necessary to protect reporters when printing sensitive information. This would not be possible without promising confidentiality to the source. The opposition contends the use of anonymous sources is a detriment to law enforcement actions and could threaten national security.
A major area of discussion concerning the shield law is the
First Amendment and the boundaries of the freedom of the press.
According to Hagit Limor, investigative reporter for WCPO-TV and president of the Cincinnati chapter of SPJ, denying freedom of anonymous sources to responsible journalism is a breach of the First Amendment.
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