[Congressional Record Volume 153, Number 173 (Thursday, November 8, 2007)]
[Senate]
[Pages S14185-S14186]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FREE FLOW OF INFORMATION ACT
Mr. LEAHY. Mr. President, when the Judiciary Committee reported
Federal reporters' shield legislation to the floor on October 23, I
called on the full Senate to promptly consider and pass this important
legislation. The Senate version of the Free Flow of Information Act, S.
2035, is bipartisan legislation that was favorably reported by the
Judiciary Committee on a strong bipartisan vote. The House has already
passed legislation on this same subject, H.R. 2102, with a strong,
bipartisan and veto-proof majority of 398 to 21.
Both of these bipartisan bills are available and waiting for Senate
action, and I believe that there are well over 60 votes in favor of
passing a shield bill in the Senate. I strongly support the enactment
of a Federal shield law for journalists, and I urge the Senate to
promptly consider and pass Federal shield legislation.
All of us have an interest in enacting a balanced and meaningful
first amendment privilege. According to a newly released study by
Privacy International--a privacy, civil liberties and human rights
watchdog organization, the United States is one of just a few
established democracies around the world that does not have a law to
protect journalists from being forced to reveal confidential sources.
In fact, according to that study, approximately 100 countries have
adopted laws that allow journalists to honor their promise of
confidentiality.
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.
Given the overwhelming need and support for a federal shield law to
protect the public's right to know, I urge the Senate to promptly
consider and pass a Federal shield bill.
I ask unanimous consent that a copy of a support letter from the
Media Coalition Supporting the Free Flow of Information Act, which is
signed by 67 different news organizations, be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Media Coalition Supporting the
Free Flow of Information Act,
November 6, 2007.
Re S. 2035 and H.R. 2102, the Free Flow of Information Act
Dear Senator: On behalf of the men and women across the
nation who work to bring the American people vital news and
information, we, the undersigned media companies and
organizations, urge you to support expeditious Senate passage
of the Free Flow of Information Act, legislation that is
vitally important to the national interest. Protecting
confidential sources through federal legislation has broad
support on both sides of the aisle, in both houses of
Congress, and from state attorneys general across the nation.
Your support is essential to ensure that the American people
have access to information about their government and the
institutions that affect their daily lives.
Democrats and Republicans have united to provide
overwhelming support for this legislation. The Senate
Judiciary Committee reported S. 2035 by a 15-4 vote on
October 4, and the House passed H.R. 2102 by a 398-21 vote on
October 16. Both versions of the Free Flow of Information Act
are available for immediate floor action on the Senate
Business Calendar. As the strength of these votes suggests,
Senators and House Members from opposite ends of the
political spectrum have joined together to support the
public's right to have essential information and to protect
whistleblowers who are sometimes the only way the public can
get this information.
While the Free Flow of Information Act will protect
confidential sources by establishing a uniform standard for
obtaining information from reporters in federal court
proceedings, it is important to note that both versions of
the legislation have been amended to ensure that national
security is also protected. While many state laws provide for
a more absolute privilege, both versions of this legislation
are limited to a qualified privilege with exceptions for acts
of terrorism or other significant harm to national security.
With 49 states and the District of Columbia having either
common law or codified protection for confidential sources,
there is a growing (bipartisan) acknowledgement that
enactment of a federal law is imperative. In a recent brief
filed with the United States Supreme Court, a group of 34
state attorneys general pointed out that lack of a clear
standard of federal protection undermines state law. These
state laws have worked successfully for many years, defining
those covered by the law and the limits of that coverage. At
the same time, they have protected the public's right to
information while still allowing these states to investigate
crimes and protect public safety.
News organizations prefer to have their sources on the
record whenever possible. However, history is replete with
examples of news articles critical to the national interest
that would have never been written had it not been for the
protection of confidential sources. As many of your
colleagues have
[[Page S14186]]
stressed and state legislatures have recognized, the time is
now for the protection of confidential sources, and the
safeguarding of the public's right to know. This issue is too
important to remain unresolved as the year and the
congressional session draw to a close. We urge you to press
for immediate and favorable Senate floor consideration of the
Free Flow of Information Act. Thank you.
If you have any questions or need additional information,
please contact Paul Boyle or Laura Rychak of the Newspaper
Association of America at 202-783-4697.
Very truly yours,
ABC Inc.
Advance Publications, Inc.
Allbritton Communications Company.
American Business Media.
American Society of Magazine Editors.
American Society of Newspaper Editors.
The Associated Press.
The Associated Press Managing Editors Association.
Association of Alternative Newsweeklies.
Association of American Publishers.
Association of Capitol Reporters and Editors.
Belo Corp.
Bloomberg News.
CBS.
Clear Channel.
CNN.
Coalition of Journalists for Open Government.
The Copley Press, Inc.
Court TV.
Cox Television.
Cox Newspapers.
Cox Enterprises, Inc.
Daily News, L.P.
First Amendment Coalition of Arizona, Inc.
Freedom Communications, Inc.
Gannett Co., Inc.
Gray Television.
Hachette Filipacchi Media U.S., Inc.
Hearst Corporation.
Lee Enterprises, Inc.
Magazine Publishers of America.
The McClatchy Company.
The McGraw-Hill Companies.
Media Law Resource Center.
National Association of Broadcasters.
National Federation of Press Women.
The National Geographic Society.
National Newspaper Association.
National Press Club.
National Press Photographers Association.
National Public Radio.
NBC Universal.
News Corporation.
Newspaper Association of America.
The Newspaper Guild-CWA.
Newsweek.
The New York Times Company.
North Jersey Media Group Inc.
Online News Association.
Radio-Television News Directors Association.
Raycom Media, Inc.,
Reporters Committee for Freedom of the Press.
Reuters America LLC.
E. W. Scripps.
Society of Professional Journalists.
Time Inc.
Time Warner.
Tribune Company.
The Walt Disney Company.
The Washington Post.
U.S. News & World Report.
White House News Photographers Association.
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