Specter, Schumer, Lugar, Graham Introduce Shield Legislation for Reporters

Press Release

Specter, Schumer, Lugar, Graham Introduce Shield Legislation for Reporters

U.S. Senators Arlen Specter (R-PA), Ranking Member of the Senate Judiciary Committee, Charles E. Schumer (D-NY), Richard Lugar (R-IN), and Lindsey Graham (R-SC) have introduced the Free Flow of Information Act (the "Media Shield" bill), S. 448, a bill that codifies a legal privilege for reporters who seek to protect the identity of their sources.

The Free Flow of Information Act establishes a qualified privilege for reporters to withhold from Federal courts, prosecutors, and other Federal entities, confidential source information obtained or created under a promise of confidentiality. The bill takes into account that, in certain instances, the public's interest in national security, law enforcement and fair trials outweighs the public's First Amendment interest in permitting reporters to protect the identify of sources. The bill includes exceptions to the privilege to protect national security, prevent an act of terrorism, or stop a kidnapping or a crime that could lead to death or physical injury. In addition, under this bill, a journalist who is an eyewitness to, or takes part in, a crime or tort may not withhold information on grounds of the qualified privilege. Federal courts have applied different rules in different jurisdictions, and Congress should provide clarity and uniformity.

"This legislation is very important to maintain the flow of information to the American people from the newspapers, radio and television stations," Senator Specter said. "It is necessary because we have seen in recent times a flurry of subpoenas being issued to reporters to disclose their confidential sources, and a reporter's source of information really depends upon their being able to fulfill a commitment of confidentiality."

"A truly free press is the lifeblood of our democracy. This compromise bill takes a reasonable and balanced approach to keeping us free and safe," Senator Schumer said. "We have worked closely together to craft a careful bill that protects both the freedom of the press and the safety of our citizens. In a free and democratic country, we should be able to do both - and this bill does."

"This legislation confirms America's Constitutional commitment to press freedom and advances our foreign policy initiatives to promote and protect democracy," Senator Lugar said. "We must lead by example and the role of the media as a conduit between government and the citizens it serves cannot be devalued."

Currently, 49 states, plus the District of Columbia, provide some measure of legal protection to reporters who decline, even under the threat of being held in contempt of court, to disclose the identity of confidential sources. The legislation championed by Specter, Schumer, Lugar, and Graham would establish a federally recognized privilege to standardize the protection afforded to journalists.

The shield bill has been endorsed by a bipartisan collection of 43 state attorneys general. It also enjoys the formal support of more than 100 media organizations. In 2007, a similar bill passed the Senate Judiciary Committee and U.S. House of Representatives.

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