[Congressional Record (Bound Edition), Volume 153 (2007), Part 22]
[Senate]
[Pages 30538-30539]
[From the U.S. 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 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

[[Page 30539]]

     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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