The U.S. House of Representatives is scheduled to vote Tuesday on a bill that would establish a shield law, or reporter's privilege, in federal statutes. A strong vote for HR 2102, titled the Free Flow of Information Act, could help the law get through the Senate, where a similar bill emerged from committee last week, and perhaps even avoid a presidential veto.
Rural news outlets have a stake in this bill, perhaps more than they might think. Defending a subpoena "could be catastrophic" for a small newspaper or broadcast station, says the National Newspaper Association. "For small media, subpoenas are particularly disruptive and can cripple a newsroom."
Journalists are merely asking Congress to do what 33 states and the District of Columbia, and courts in all other states except Wyoming, have done to protect reporters from being compelled to reveal confidential sources. "Such protections are crucial to preserving an important channel of communication between anonymous government officials and the press." NNA says. "Without them, citizens and government officials may be deterred from disclosing important information to the press."
The push for a shield law has increased as subpoenas to journalists have become more common. Here are some talking points for shield laws, from NNA: "Without the benefit of being anonymous, sources will not inform the press of valuable information that is of great importance to the public for fear they will be publicly named. Only extreme cases should merit disclosure. Courts should use clear, strict standards to govern the use of subpoenas when dealing with the press." For details on the law, from the Society of Professional Journalists, click here.
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