Specter, Lugar, Dodd, & Schumer Introduce Free Flow of Information Act

SPECTER, LUGAR, DODD, & SCHUMER INTRODUCE FREE FLOW OF INFORMATION ACT

Senate Judiciary Chairman Arlen Specter (R-PA), Senator Richard Lugar (R-IN), Senator Christopher Dodd (D-CT), and Senator Charles Schumer (D-NY) today introduced the Free Flow of Information Act, a bill seeking to protect the public's right to information through a free press. This legislation would provide appropriate protections for professional journalists and their employers from having to reveal information that a journalist learned under a promise of confidentiality and in the course of carrying out news-gathering functions.

"There is no doubt about the value of investigative reporting to the public interests in exposing corruption, malfeasance, and misconduct, but there are also weighty considerations on law enforcement and national security," Senator Specter said. "This bill seeks to clear up the ambiguities journalists and the federal judicial system face in balancing the protections journalists need with the ability of the courts to conduct fair and accurate trials."

"I believe that the free flow of information is an essential element of democracy. In order for the United States to foster the spread of freedom and democracy globally, it is incumbent that we first support an open and free press nationally. The role of the media as a conduit between government and the citizens it serves must not be devalued," Senator Lugar said.

"All of us want to ensure that our national security is protected. We should also protect and preserve the public's access to critically important information. And the public interest shouldn't be caught up in government 'fishing expedition' nets," said Senator Dodd. "This measure is not perfect. But it offers common sense protections that can better ensure that important information for the American public ultimately is preserved."

"A free and independent press is one of the principal guarantees of liberty in this country. But there needs to be a very careful balance between the freedom of press and our vital national security interests. This bipartisan bill is the best step toward protecting that freedom enshrined in our Constitution, while allowing the government to protect national security in the very small percentage of cases where the law has actually been violated," said Senator Schumer.

Under this legislation, a federal prosecutor (including independent prosecutors or agencies) in a criminal case may not compel a journalist or employer of a journalist to reveal protected information unless a court finds by clear and convincing evidence that: the prosecutor has "exhausted alternative sources"; the prosecutor tailors the subpoena as much as possible; the prosecutor gives reasonable and timely notice for a demand for documents; the public interest favors disclosure; the information sought is "critical" to the investigation; and there are reasonable grounds to believe that a crime has occurred.

However, the legislation also provides that a journalist or employer of a journalist must disclose information needed to prevent an act of terrorism or harm to the national security.

The Senate Judiciary Committee held two hearings to discuss possible reporter privilege legislation and heard from 16 witnesses, including former New York Times reporter Judith Miller and TIME Magazine reporter Matthew Cooper.

http://specter.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=785&Month=5&Year=2006