OUR VIEW: Protections to public, sources and security makes federal media shield law a valuable asset.
The public is protected.
National security is protected.
Reporters are protected.
Anonymous sources are protected.
It's finally good to go.
After seven years of tough negotiations and compromises that included a last-minute change of heart by the Obama administration on key provisions of the bill, the U.S. Senate Judiciary Committee could make history Thursday by passing a new federal shield law. Passage would be a major step toward passage by the full Senate, the House of Representatives and finally signature into law by the president.
The Free Flow of Information Law is designed to shield reporters from being forced by the government to reveal the identities of anonymous sources in all but the most extreme circumstances. With these new shield protections in place, journalists will be able to investigate government and corporate malfeasance without fear of the government shutting down their investigations through intimidation and threats of imprisonment.
Anonymous sources and whistle-blowers are vital to many investigative reports. If these individuals fear their identities will be revealed by a journalist under pressure from the government, they often will chose not to come forward, and important stories that could affect the health, safety and financial security of Americans will go unreported.
So the real winners in this lengthy and often contentious battle are the American people.
Just three weeks ago, it appeared this legislation would be dead on arrival after the Obama administration suddenly and inexplicably insisted on language giving the Justice Department greater discretion over what constitutes national security and giving government more power to compel a reporter to reveal a source.
But a few days ago, the administration backed off most of its previous demands and allowed much of the original language to stand.
With a handful of exceptions, the new bill is almost as strong as it was before it got derailed.
So whereas three weeks ago, we had a disaster, today we have the opportunity for a great victory for the press and the public.
A lot of people deserve credit for this bill.
Among them are the more than 70 media organizations and companies that fought so long against vigorous governmental opposition to a strong shield law. Serious-minded lawmakers such as Vermont Sen. Patrick Leahy and New York Sen. Charles Schumer, who supported the legislation and kept it alive during all of its machinations, also deserve credit. And the Obama administration deserves credit for backing off its last-minute unreasonable demands and fulfilling its pledge to provide more transparency in government.
This may not be the kind of bill that people outside journalism and government find exactly fascinating.
But it's vital to the exercise of democracy that the press be allowed to operate freely and without government interference.
This bipartisan bill achieves much of that goal, while also ensuring that national security isn't compromised and that anonymous sources are protected from harm.
We applaud the parties responsible for this bill and encourage the Senate Finance Committee to support Senate Bill 448 when it comes to a vote today.
Local editorials represent the opinion of The Post-Star editorial board, which consists of Publisher Rick Emanuel, Editor Ken Tingley, Editorial Page Editor Mark Mahoney and citizen representative Robert Sellar.
Posted in Editorial on Thursday, November 5, 2009 12:00 am Updated: 11:46 pm.
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