WASHINGTON, DC (October 6, 2007) - The Senate Judiciary Committee has advanced a bill to protect journalists from being forced to reveal their sources in federal court. Commonly called the Federal Shield Law, the legislation passed the committee by a 15-4 vote and now goes to the Senate floor where it is anticipated there will be challenges to stall or kill it.
More than 50 news outlets and press freedom organizations, including the National Press Photographers Association, support the bill.
The Senate's bill, S.2035, has been opposed by the Bush Administration and by U.S. Attorney Patrick Fitzgerald. A similar measure, H.R. 2102, waits floor action in the House. Bush officials have said they think the law protecting journalists would harm national security. They say a Federal Shield Law for reporters would hobble law enforcement and efforts by intelligence officials to trace the source of leaks that could harm national security. Today, 32 states and the District of Columbia have shield laws to protect reporters, but there is no federal version of the protection.
Fitzgerald may not have been able to subpoena reporters to testify against White house aide Lewis "Scooter" Libby in his case against vice presidential assistant in the CIA leak probe if there had been a Federal Shield Law in place.
House speaker Nancy Pelosi (D-CA) said she would bring the bill up for a vote by the end of the year. Pelosi made her comments during a speech before the Associated Press Managing Editors association. “This is fundamental to our democracy and fundamental to the security of our country,” Pelosi said.
The Senate bill includes exemptions for cases in which investigators are tracking acts of terrorism in the States and in other countries. An amendment by Sen. Sam Brownback (R-KS) would keep accused spies, agents of foreign countries and terrorists from claiming the same protections extended to journalists, AP reports.
