Opinion: Reporter's shield law needs to be extended to the federal level: 'The PRESS Act is needed now.'

Shield law protections by state (Graph by the Reporters Committee
for Freedom of the Press)

The New York Times editorial board offers a compelling piece on the importance of a reporter's shield law and why its protections need to be extended to the federal level. "Safeguarding the anonymity of reporters’ sources is essential . . . . It has been recognized by governments or courts in 49 states and the District of Columbia as a form of protection for journalists and news outlets against unfair or overbearing efforts by the government to ferret out their sources. . . There is nothing of the sort, however, on the federal level, where the need is arguably greatest."

A bipartisan bill representing those federal protections, known as the Protect Reporters From Exploitative State Spying Act, or PRESS Act, has already moved through the House of Representatives and is awaiting release by the Senate Judiciary Committee. The editorial board writes, "It would shield reporters from court-ordered disclosure of their sources of information, except in the rare cases in which disclosure is necessary to prevent an act of terrorism or imminent violence."

Freedom of speech and whistle-blowing protection remain essential parts of a healthy democracy. The editorial board adds, "Leaks and whistle-blowers have often proved essential to the public’s understanding of major events and the workings of government at all levels. There is nothing ideological about their usefulness; they can be just as effective in exposing the unwelcome truth about Democratic administrations as Republican ones. By protecting reporters from having to reveal their sources, the bill would ideally encourage more whistle-blowers to help shine a light on government abuses."

Some members of the House having been "targets of sharp investigative reporting or frequent critics of the news media," the editorial board adds. Still, every member has "supported swift passage of the PRESS bill. . . Nothing in the PRESS Act would prevent the government from prosecuting leakers, and the government has vast powers to monitor its officials without demanding that reporters divulge the information they seek. . . . The PRESS Act is needed now."