[Congressional Record Volume 153, Number 161 (Tuesday, October 23, 2007)]
[Senate]
[Page S13256]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       ESTABLISHING A FEDERAL STATUTORY FIRST AMENDMENT PRIVILEGE

  Mr. LEAHY. Mr. President, The Senate Judiciary Committee has 
considered and for the first time reported a bill to establish a 
Federal statutory privilege to safeguard the freedom of the press. The 
Free Flow of Information Act, S. 2035, is bipartisan legislation that 
was reported on a strong bipartisan vote. The House has already passed 
legislation on this same subject, H.R. 2102, with a strong, bipartisan 
and apparently veto-proof majority of 398 to 21. Thus, both S. 2035 and 
H.R. 2102 are available for Senate action on the Senate business 
calendar. I strongly support the enactment of a Federal shield law for 
journalists, and I urge the Senate to promptly consider Federal shield 
legislation.
  All of us have an interest in enacting a balanced and meaningful 
first amendment privilege. Sadly, the press has become the first stop, 
rather than the last resort, for our Government and private litigants 
when it comes to seeking information. This is a dangerous trend that 
can have a chilling effect on the press and the public's right to know.
  Enacting Federal shield legislation would help to reverse this 
troubling trend. In fact, proceeding promptly to consideration of this 
legislation is something I strongly support. Should the Senate take up 
the bipartisan shield bill that overwhelmingly passed in the House, 
Federal shield legislation could go immediately to the President's desk 
and be signed into law without delay this year.
  The Senate bill has the support of a bipartisan coalition of 
Senators, including Senators Specter, Schumer, Lugar, Dodd, Graham, and 
myself, who have all united to cosponsor this legislation. In addition, 
more than 50 news media and journalism organizations support this 
legislation, and the call for Senate action on this historic bill 
extends to editorial pages across the country, including the New York 
Times, Arizona Republic, L.A. Times, Salt Lake Tribune, and San 
Francisco Chronicle, among others.
  The Senate and House bills protect law enforcement interests and 
safeguard national security. Moreover, both of these bills follow the 
lead of 33 States and the District of Columbia which have shield laws, 
and many other States, including Vermont, which recognize a common law 
reporters' privilege. Tellingly, the Bush administration has not 
identified a single circumstance where a reporters' privilege has 
caused harm to national security or to law enforcement, despite the 
fact that many courts have recognized such a privilege for years.
  When he testified before the Judiciary Committee in favor of Federal 
shield legislation in 2005, William Safire told the Committee that the 
essence of newsgathering is this:

       [I]f you don't have sources you trust and who trust you, 
     then you don't have a solid story--and the public suffers for 
     it.

  On behalf of the American public, I urge the Senate to protect the 
public's right to know by promptly considering and passing a Federal 
shield law.

                          ____________________