Judiciary Committee Chairman Urges Passage Of Reporters’ Shield Law

WASHINGTON (Thursday, Nov. 8, 2007) – Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) again today urged the Senate to consider important legislation to protect the public’s right to know by shielding the flow of information between reporters and their confidential sources.

The Judiciary Committee last month passed the Free Flow of Information Act, bipartisan legislation that would establish a federal qualified reporters’ shield law. The House has passed similar legislation, and Leahy has requested that the House bill be placed on the Senate’s executive calendar to accelerate its consideration. Leahy has been encouraging the Senate to take up and pass either bill.

A new study released by Privacy International, a privacy, civil liberties and human rights watchdog organization states that approximately 100 countries have adopted laws that protect journalists from being forced to reveal confidential sources. The United States is just one of a few established democracies that does not.

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.

Statement Of Sen. Patrick Leahy (D-Vt.),

Chairman, Senate Judiciary Committee

Urging Senate Consideration Of The Free Flow Of Information Act

November 9, 2007

MR. PRESIDENT. When the Judiciary Committee reported federal reporters’ shield legislation to the floor on October 23, I called on the Senate to promptly consider and pass this important legislation. The Senate version of the Free Flow of Information Act, S. 2035, is bipartisan legislation that was favorably reported by the Judiciary Committee on a strong bipartisan vote. The House has already passed legislation on this same subject, H.R. 2102, with a strong, veto-proof majority of 398 to 21.

Both of these bipartisan bills are available and waiting for Senate action, and I believe that there are well over sixty votes in favor of passing a shield bill in the Senate. I strongly support the enactment of a federal shield law for journalists, and I urge the Senate to promptly consider and pass federal shield legislation.

All of us have an interest in enacting a balanced and meaningful first amendment privilege. According to a newly released study by Privacy International – a privacy, civil liberties and human rights watchdog organization – the United States is one of just a few established democracies around the world that does not have a law to protect journalists from being forced to reveal confidential sources. In fact, according to that study, approximately 100 countries have adopted laws that allow journalists to honor their promise of confidentiality.

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 in 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.

Given the overwhelming need and support for a federal shield law to protect the public’s right to know, I urge the Senate to promptly consider and pass a federal shield bill.

I ask that a copy of a support letter from the Media Coalition Supporting the Free Flow of Information Act, which is signed by 67 different news organizations, be printed in the record following my statement.

Source: Senate Judiciary Committee Chairman Patrick Leahy

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