RSSA federal shield law will further a free press
Yakima Herald-Republic editorial board
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The following editorial appears in the Sept. 24, 2009, Yakima Herald-Republic.
A long-awaited reporter shield law is set for a hearing today in the U.S. Senate
Judiciary Committee. It's time the Senate approves this new version, which holds the promise of protecting the flow of vitally important information to the public.
The bipartisan legislation sets up a qualified privilege for reporters to withhold the names of sources who provide information with the promise of confidentiality. Right now there is no federal law granting that protection.
While similar bills have cleared the House, they foundered in the Senate. Opposition came from former President George W. Bush and the Justice Department under his administration.
This issue of a shield law came into focus during the Bush presidency when an increasing number of subpoenas were filed against the news media.
President Obama has signaled his support, as has Attorney General Eric Holder.
The legislation has a number of exceptions. Those include instances when the information comes from criminal conduct or from observing criminal activity. That's a wise provision.
Washington state already has its own shield law.
While the proposed federal law has its exemptions, Washington state's shield law is absolute and protects journalists from having to reveal any information obtained during newsgathering activities. When it was signed into law by Gov. Chris Gregoire in spring 2007, Washington became the 13th state in the nation with some form of statutory protection.
Several proponents of the state's shield law also wanted absolute privilege with respect to nonconfidential information. But that never gained traction in the Legislature. Even so, for prosecutors to get a subpoena for information or testimony from reporters, they must prove the nonconfidential information is highly critical to the case and that they have exhausted all available means to obtain it from other sources. There also has to be a compelling public interest for disclosure.
We are encouraged to see bipartisan support for the federal shield law. That was the kind of backing our state law received when Rob McKenna, the state's attorney general and a Republican, pushed hard for its passage.
The federal shield law will help to reinforce the constitutional guarantee of a free press -- a right that strengthens public discourse at a time when it is sorely needed.
* Members of the Yakima Herald-Republic editorial board are Michael Shepard, Bob Crider, Spencer Hatton and Karen Troianello.
"This issue of a shield law came into focus during the Bush presidency when an increasing number of subpoenas were filed against the news media."
In my opinion, perhaps the credibility of the media had something to do with this circumstance? (An earlier editorial comes to mind.)
All too often in recent years, it seems the "news" media, (I use the term "news" loosely) has practiced a policy of editorializing instead of reporting. In doing so, they have twisted contexts and put spin on stories that have even ruined the lives of some people, depending on which side they chose to take, by their propagandizing and rhetoric and coining of new "labels" for many things except to call them what they really are. The concept of"Political correctness", a phrase coined by the media, is promoted on a normal and all too often basis anymore - facts be damned.
Talk about your "Fairness Doctrine" Perhaps the news media should also be called upon to practice that concept as well - not just conservative talk radio hosts.
The media has been bought and is owned by the leftist, they already leak every secret they can get their hands on, the simply repeat the script given them by Obama. So therefore the "media" no longer really exists. Lawyers and politicians are involved in this bill, that alone should give everyone cause to be concerned.
Report ViolationAt what point does it turn from "free press" to "state media"?
I'm curious what provisions are in this bill to prevent the liberal media from character assasination and what checks there will be to ensure that they are at least acting like what they publish is true.
No surprise the YHR editorial command...I mean staff is all over this one.
Tea with a terrorist anyone?
Just what we need, more protection for New York Slimes reporters to leak national security secrets.
Report ViolationI don't know why you people even bother to read/watch the news. It seems not to fit your lives very well. Go back to Faux news where you can get what you want.
Its not the news that has become more biased, it's the readers that have become more savvy. America has the best healthcare according to you guys but the worst news options? Something is definitely wrong with the picture you paint.
Politics again.
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