[Congressional Record Volume 155, Number 50 (Tuesday, March 24, 2009)]
[House]
[Page H3757]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                THE CONFIDENTIAL SOURCE AND THE REPORTER

  (Mr. POE of Texas asked and was given permission to address the House 
for 1 minute.)
  Mr. POE of Texas. Mr. Speaker, over the last few years, numerous 
reporters in the United States have been subpoenaed about their 
confidential sources.
  Law enforcement, namely prosecutors, hear about a story that a news 
reporter covers regarding scandals, corruption, crime, or coverups, and 
then has the reporter subpoenaed to testify before a grand jury. The 
purpose of the grand jury investigation is to find out who gave such 
information to the reporter, with the goal to bring the confidential 
source before the grand jury to testify.
  Most States protect journalists from having to reveal that source. 
However, there is no Federal law to shield the identity of confidential 
sources. The protection of the source's identity is important because, 
without such a guarantee, sources would be fearful of possible 
reprisals if they revealed the information. Thus, the public would 
never know about the information.
  With a few exceptions, prosecutors should not depend on reporters and 
their sources to root out crime. If whistle-blowers and reporters are 
protected by a shield law, the public's right to know will be enhanced 
with the free flow of information.
  And that's just the way it is.

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