[Congressional Record Volume 151, Number 71 (Wednesday, May 25, 2005)]
[Extensions of Remarks]
[Page E1098]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        PROTECT FIRST AMENDMENT

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                           HON. JIM McDERMOTT

                             of washington

                    in the house of representatives

                        Wednesday, May 25, 2005

  Mr. McDERMOTT. Mr. Speaker, I, like many, believe that the First 
Amendment is currently under attack. Yesterday I attended a forum 
titled ``Media Bias and the Future of Freedom of Press.'' I'd like to 
submit to the Record the statement that I distributed there yesterday, 
as well as the Freedom of Information request that I filed with the 
Department of Justice.

       I'd like to call attention to an issue of extreme and 
     growing importance: an alarming trend in the dilution of 
     First Amendment rights regarding freedom of the press. Today 
     reporters are being compelled to reveal their confidential 
     sources--or else face jail time and/or stiff fines. 
     Prosecutors are insisting upon this and judges are backing up 
     their demands by ordering reporters to testify and provide 
     confidential information. This is turning the news media into 
     an investigative arm of the judicial system and a research 
     tool of the government--exactly the opposite of what it is 
     supposed to be. The increasing pressure on journalists will 
     most certainly lead to a decline in investigative reporting, 
     threatening freedom of press and the public's need, and 
     right, to know.
       This trend is not just talk, although anecdotally, the past 
     few years document the greatest assault on source 
     confidentiality in the U.S. in decades. Hard evidence and 
     more specific statistics are being sought so that this issue 
     can be brought to the attention of the nation without room 
     for dispute. In fact, in an effort to uncover statistics that 
     the government is unwilling to disclose, I have just filed a 
     Freedom of Information (FOI) request to the Department of 
     Justice, asking for access to and copies of records which 
     show the number of subpoenas requested, as well as the number 
     of subpoenas authorized, in order to obtain information from, 
     or about, members of the news media in the years 2001-2004. I 
     believe this information will prove that my concerns with the 
     First Amendment go farther than just anecdotes. As soon as I 
     obtain this information, I will release it to the public, as 
     I feel it will be very eye-opening.
       The protection of freedom of the press is a central pillar 
     of our democracy, and sharing information with the public is 
     imperative in a nation with these strong democratic 
     traditions. Other countries are being sent the wrong message 
     when they look to us and see the precedents that we are 
     setting. For example, when Venezuelan officials were recently 
     criticized for adopting a restrictive new media law, they 
     immediately cited a ruling that sentenced a Rhode Island 
     journalist to six months house arrest for refusing to divulge 
     a source. As is evident from Venezuela, instances such as 
     these are bound to weaken freedom of press in other 
     countries, where reporters are already more frequently forced 
     to cooperate in government investigations. The last thing we 
     need is for international journalists to be questioning our 
     dedication to upholding free speech guaranteed in the U.S. 
     Constitution.
       We must do something to remedy this situation that is 
     making honest journalism and true confidential sources a 
     thing of the past. The administration and judiciary should 
     exercise greater discretion in requiring reporters to reveal 
     their sources so that journalists and every American can 
     regain their confidence in the First Amendment's protection.

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