WASHINGTON, DC -- The Free Flow of Information Act, a federal
shield law bill that would protect journalists from having to reveal
confidential information, is set to move one step closer to becoming law when it
is considered Thursday in the Senate Judiciary Committee.
Student journalists, bloggers and individuals seeking to gather information
for the purpose of informing the public are protected by the language contained
in the new version of the bill, which was agreed upon last week by lawmakers,
the Obama administration and media organizations.
According to the amended text of HR 985, a covered person is, "A
person with the primary intent to investigate events and procure material in
order to disseminate to the public news or information ..."
Frank LoMonte, Executive Director of the Student Press Law Center, said the
current definition of a journalist contained in the bill is good news for
student news organizations.
"The compromise language is as good as student journalists could
expect because it focuses on the news gathering aspect, not where your paycheck
is coming from," LoMonte said. "As long as you set out to gather
information to inform the public, you're protected."
LoMonte said this measure is especially important for students journalists,
because they are often more vulnerable than professional journalists.
"Students especially need something like this because they are so
vulnerable," he said. "Unlike someone at The New York Times,
which has a huge legal department, student journalists don't have those
kind of resources."
He said students are additionally important to protect because they are
being asked to take on more important roles, acting as local news correspondents
or freelancers for local papers.
"Students are engaging in real, big-time journalism and need the
protection of real, big-time journalists," he said.
The bill protects journalists from being required to give their testimony
relating to sources for a story. It also guards against obtaining
reporters' phone and Internet records.
The current bill varies in the protection it offers, based on whether the
case the reporter may be involved in is a civil, criminal or national security
case.
Sophia Cope, legislative counsel for the Newspaper Association of America
(NAA), said her organization is happy with the bill as it stands.
The NAA, Cope said, is the lead organization for the media working on the
federal shield effort, representing over 2,000 newspapers and 70 other news
organizations. She said ultimately, it would have been nice to have a stronger
bill to protect reporters, but that the compromise has been fair.
"Overall, the [current] state of federal law is very weak in terms of
protecting reporters and confidential sources, and inconsistent, because each
circuit has done its own thing," she said. "A federal bill would
bolster what the state laws have already been trying to do in encouraging
whistleblowers while not unduly impeding law enforcement."
Cope said she is pleased with the definition of who is protected by the
bill. A couple weeks ago, she said, there was a financial component required to
define a person as a journalist.
"Our coalition has always been opposed to having a financial
component," she said. "The NAA thinks it's important because
journalism is done by lots of different people. We wouldn't want to
exclude anybody who had been working with confidential sources and had published
some good information that helps our country as a whole."
Cope also expressed hope that the bill will pass, now that the Obama
administration has pledged its support.
A version of the bill passed the House on March 31, 2009. A similar bill
stalled in the Senate when it lost the support of Obama administration, said
The New York Times, because the administration wanted a version of the
bill that would allow the government more leeway in cases that had national
security concerns.
The bill regained momentum last week when lawmakers, the Obama
administration and news organizations reached a compromise on the terms included
in the bill, which would allow the government some leeway in requiring
journalists to give up some information on sources when it has to do with public
safety or terrorist activities.
If the bill passes the Senate Judiciary Committee, it will move on to the
Senate to be voted on before heading to President Obama's desk for his
signature.
By Michael Edwards, SPLC staff writer