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Shield law must move forward

Our Voice

Hickory Daily Record Editorial

Published: October 9, 2009

A proposed federal shield law for reporters is bogged down in the U.S. Senate, and it probably won't get very far without President Obama's approval.

One of Obama's campaign premises was that he supports a shield law that would protect reporters' sources. However, the president wants so many restrictions and exceptions in a shield law that the situation would weaken, not strengthen, news gathering.

We agree with points made in a recent editorial in The Washington Post.

"The House passed its version of the federal shield bill in March with bipartisan support and that of media organizations. In that measure, a journalist would be compelled to reveal a confidential source only under specified conditions, such as if disclosure is needed to prevent death, bodily harm or a terrorist act.

"Disclosure would also be required when investigators sought to identify a person who leaked properly classified information in a manner that caused 'significant and articulable' harm to national security.

But in all cases, those seeking to compel disclosure would have to exhaust all reasonable alternative sources of information and demonstrate that the public interest in disclosing the source outweighed the public interest in thorough news coverage.

"By contrast, the (Obama) administration's proposal would require courts in criminal cases to order disclosure of confidential sources as long as the government makes a reasonable claim that the information is essential, that it has exhausted reasonable alternatives and that it complies with internal guidelines for subpoenaing journalists. The reporter must show ... that there are 'extraordinary circumstances' for protecting the identity of a source — a virtually insurmountable burden. The proposal also strips the court of any opportunity to consider the public interest in reporting on national security matters."

We find these measures to be particularly onerous. We should never accept shifting burden of proof from plaintiff or accuser.

We also note that the Memphis Commercial Appeal reminds the administration that 30 states (including North Carolina) have reporter shield laws.

Restricting the free flow of information and the public's right to know is not acceptable for American democracy. The House has proved a bill can be crafted that satisfies government and the news media.

Obama should stay on course with his campaign promises, and the Senate should concur with the House's carefully thought-out legislation.