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Congress should OK shield law for reporters

An editorial  —  7/22/2008 11:01 am

For too long now, we've watched the spectacle of American news reporters being thrown in prison for doing their jobs.

This hardly seems possible in a country that has historically prided itself on having the world's strongest protections for freedom of the press.

Yet just in the past year more than two dozen reporters have been subpoenaed or questioned by federal courts in an effort to get them to reveal their confidential sources. The cases have involved everything from the California grand jury investigation into steroid use by professional athletes to the continuing saga of the Valerie Plame leak fiasco.

As a last resort, reporters have historically granted a crucial source a promise of confidentiality in return for information that is vital to the story. State courts have long recognized the need to give the press protection in these cases.

Some 31 states have shield laws that prevent state courts from forcing reporters to reveal their sources and another 18 states, including Wisconsin, have recognized a reporter's privilege as a result of judicial decisions.

But there's no shield law or protection for reporters at the federal level. We saw the sorry plight of the New York Times' Judith Miller spending months in prison for declining to reveal who had told her that Valerie Plame was a CIA spy. And Miller hadn't even written a story about it.

The practice by federal prosecutors and judges of demanding that reporters go back on their word is a serious threat to the press' watchdog role and the flow of information to the public.

Congress, however, is on the cusp of recognizing that right and putting an end to the federal epidemic of cases against reporters. The House has already passed the "free flow of information act," a federal shield law. It's now up to the Senate, whose Judiciary Committee has favorably reported out the bill, to act before it adjourns for the fall recess early next month.

Both of Wisconsin's senators, Herb Kohl and Russ Feingold, are supporting a shield law and we hope they can convince their colleagues to do likewise.

Some 41 attorneys general across the country have signed a resolution urging Congress to extend a shield privilege at the federal level. Sadly, Wisconsin's attorney general, J.B. Van Hollen, is not among the 41.

The United States must end its embarrassing jailing of journalists whose biggest crime has been to shed light on information that the public has a right and a need to know.

An editorial  —  7/22/2008 11:01 am