[Congressional Record Volume 151, Number 9 (Wednesday, February 2, 2005)]
[Extensions of Remarks]
[Page E147]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          INTRODUCTION OF FREE FLOW OF INFORMATION ACT OF 2005

                                 ______
                                 

                           HON. RICK BOUCHER

                              of virginia

                    in the house of representatives

                      Wednesday, February 2, 2005

  Mr. BOUCHER. Mr. Speaker, I am pleased today to join with my 
colleague from Indiana, Mr. Pence, in introducing the Free Flow of 
Information Act, legislation which will advance the public's right of 
access to information of broad public interest.
  Our measure addresses an increasingly common problem. Last year, 12 
reporters were threatened with jail sentences in federal courts for 
refusing to reveal confidential news sources. Reporters rely on the 
ability to assure confidentiality to sources in order to deliver news 
to the public. The ability of news reporters to assure confidentiality 
to sources is fundamental to their ability to deliver news on highly 
contentious matters of broad public interest. Without the promise of 
confidentiality, many sources would not provide information to 
reporters, and the public would suffer from the resulting lack of 
information.
  Thirty-one states and Washington, DC, currently have statutes 
protecting reporters from compelled disclosure of sources of 
information. It is time to provide similar protections in the federal 
courts.
  I have long believed that the Freedom of the Press provision of the 
first amendment should be interpreted by the courts to empower 
reporters to refrain from revealing their sources. Since the courts 
have not found this privilege to attend the first amendment, a 
statutory grant of the privilege has become necessary.
  In deciding to introduce this measure, I have concluded that the 
public's right to know should outweigh the more narrow interest in the 
administration of justice in a particular federal case. In fact, in 
many instances the critical information which first alerts federal 
prosecutors to conduct justifying a criminal proceeding or first alerts 
civil litigants to facts giving rise to a private cause of action is 
contained in a news story which could only have been reported upon 
assurance of anonymity to the news source.
  I commend my colleague Mr. Pence for his leadership on this measure 
and look forward to working with him to obtain rapid approval of the 
bill in the House.

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