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House committee approves journalism source shield bill

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The US House Judiciary Committee on Wednesday approved a bill that would limit the government's ability to compel disclosure of confidential sources from reporters. Under the terms of the Free Flow of Information Act of 2009, parties seeking the identity of confidential sources from reporters in federal court must show that the information relates to an act of terrorism, national security, disclosure of trade secrets, or the imminent risk of death or serious bodily harm. The court must further be convinced that the party seeking the disclosure has exhausted all other means of acquiring the information, and that "the public interest in compelling disclosure of the information or document involved outweighs the public interest in gathering or disseminating news or information". The bill also requires that the subject of a disclosure request be informed and given an opportunity to be heard before a communications service provider is compelled to disclose information about his or her activity. The protections in the proposed bill would extend only to reporters who receive "a substantial portion of the person's livelihood or ... substantial financial gain," leaving courts free to compel the disclosure of confidential sources from many bloggers. The bill passed the committee on a voice vote, with passage expected in the full House. The committee passed a similar bill in 2007, which was approved by the full house 398-21. The measure died in the Senate under threat of presidential veto, despite a 15-2 vote in the Senate Judiciary Committee. The administration of former president George W. Bush continuously opposed the enactment of a federal reporter shield law citing national security concerns, while proponents, including media outlets, argue the legislation is necessary to protect freedom of the press. The bill was first proposed in May 2006, partially in response to the controversial 85-day jailing of New York Times journalist Judith Miller after she refused to reveal a source to the federal grand jury investigating the leak of the identity of CIA agent Valerie Plame. Other journalists have faced contempt charges for refusing to reveal sources. In November, the US Court of Appeals for the District of Columbia vacated a contempt order against former USA Today reporter Toni Locy. Locy had refused to reveal government sources for a series of articles she wrote about the 2001 anthrax attacks, and had been held in contempt in March 2008 by Judge Reggie Walton of the US District Court for the District of Columbia.

Full post as published by JURIST - The Paper Chase on March 26, 2009 (boomark / email).