The HouseJudiciary Committee onWednesday approved afederal shield billthat aims to protect journalists fromcompelled disclosure of theirconfidential sources,in language identical to that ofa2007 billthat overwhelmingly passed the U.S. House of Representatives. The new billheads nextto the floor for a new,full House vote.
The Free Flow of Information Act of 2009, or H.R. 985, would offer a qualified privilege for journalists,meaning they could not be compelled toidentify sources or hand over confidential material except underseveral scenarios: Ifdoing so would prevent harm to national security,or death or bodily harm; if it were essential to the investigation, prosecution or defense of a crime; if it were deemed "critical to thesuccessful completion" of a legal, non-criminal issue. Also, a reporter could be pressed for confidential information if it were necessary for pinpointing who leaked trade secrets, certain health data or classified national security information.
The bill defines a journalist as someone who "regularly" reports and writes "for a substantial portion of the person’s livelihood or for substantial financial gain."
Currently, 36 states and the District of Columbia have similar protections in place, and Rep. Rick Boucher (D-Va.), who introduced theidentical H.R. 2102in 2007,stressed the importance of bringing a reporter’s privilege to the federal courts as well. Boucherand Rep. Mike Pence (R-Ind.) both advocated for the last bill, which died with the 110th Congress since the Senate never voted on it.
Even though the House overwhelmingly passedthe 2007 versionwith a 398 to 21 vote, some Republicans on Wednesdayvoiced concern over the new bill.Rep. Lamar Smith (R-Texas), a former newspaper reporter and one of the 21 who opposed the 2007bill, contended that the national security provision did not go far enough. In reference to the law enforcement exemption, heasserted thatashield law would give reporters a "special privilege at the expense of our national crime-fighting efforts."
Rep. Steve King (R-Iowa), whoalso opposed the 2007 bill,asserted thata shield law would give journalists their own version of an attorney-client or doctor-patient privilege — something he said hefound troubling,since journalists are notlicensed.Boucherresponded by pointing out that attorneys’ and doctors’ privileges are conferred by states, not the federal government.
Among supporters for the bill, though, was Rep. Bob Goodlatte (R-Va.), wholauded the language for specifically addressing national security concerns and said a federal shield law would encourage whistleblowers to be forthcoming.
Boucher said the House could vote on thebillby the end of the month.A Senate version of the shield bill awaits action by the Judiciary Committee.
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