[Congressional Record Volume 151, Number 13 (Wednesday, February 9, 2005)]
[Senate]
[Page S1215]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LUGAR:
  S. 340. A bill to maintain the free flow of information to the public 
by providing conditions for the federally compelled disclosure of 
information by certain persons connected with the news media; to the 
Committee on the Judiciary.
  Mr. LUGAR. Mr. President, I rise today to introduce the Free Flow of 
Information Act of 2005. This bill was originally introduced in the 
House of Representatives by my friend and colleague, Congressman Mike 
Pence. I applaud the initiative by my colleague to address this 
important issue and I am pleased to have this opportunity to be the 
Senate sponsor.
  Last year, Congress passed legislation I proposed that directed the 
State Department to increase and add greater focus to international 
initiatives to support the development of free, fair, legally protected 
and sustainable media in developing countries.
  I am pleased to announce that the State Department and the National 
Endowment for Democracy have embraced this initiative and are now 
proceeding with implementing this initiative.
  Our Founders understood that free press is a cornerstone of 
democracy. To embrace and implement President Bush's bold and visionary 
call for the spread of democracy and freedom in the world, it is 
incumbent upon us to ensure that foreign assistance programs focus on 
the development of all the institutions that help democracies work and 
protect basic human rights.
  While we focus on those needs abroad, we cannot let those basic 
freedoms erode at home. The Constitution makes very clear that freedom 
of the press should not be infringed. A cornerstone of our society is 
the open market of information which can be shared through ever 
expanding mediums. The media serves as a conduit of information between 
our governments and communities across the country.
  It is important that we ensure reporters certain rights and abilities 
to seek sources and report appropriate information without fear of 
intimidation or imprisonment. This includes the right to refuse to 
reveal confidential sources. Without such protection, many 
whistleblowers will refuse to step forward and reporters will be 
disinclined to provide our constituents with the information that they 
have a right to know. Promises of confidentiality are essential to the 
flow of information the public needs about its government.
  The Free Flow of Information Act closely follows existing Department 
of Justice guidelines for issuing subpoenas to members of the news 
media. These guidelines were adopted in 1973 and have been in 
continuous operation for more than 30 years. The legislation codifies 
the conditions that must be met by the government to compel the 
identity of confidential sources.
  I am hopeful that my colleagues will give careful consideration to 
the merits of this legislation. It provides an appropriate approach and 
careful balance to protect our freedom of information while still 
enabling legitimate law enforcement access to information.

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