The media’s vital watchdog role in a free society depends in large part on unfettered access to individuals or groups that can provide information necessary to help tell a story. Often these sources demand anonymity for fear of retaliation should their identities become public. Reporters, in turn, promise to protect their sources even if it means having to go to jail for contempt of court.
Although most states have shield laws that offer the media full or partial protection from having to disclose sources in court, no such law exists at the federal level. That is a travesty, and the time for Congress to do something about it is long overdue.
That’s because prosecutors have been hauling journalists into federal court on a regular basis. The ripple effect has been to muzzle sources and make it far more difficult for the media to play their watchdog role.
Regrettably, Senate Republicans last week blocked passage of a sound compromise bill known as the Free Flow of Information Act that would have established a federal media shield law. The bill would have compelled reporters to cooperate in cases involving national security, murder or kidnapping but would have applied a shield in many other circumstances, such as those involving government whistleblowers.
Following overwhelming House approval, a majority of senators expressed support for the bill, but they fell short of the 60 votes needed to cut off a Republican filibuster that prevented the legislation from being passed. The Republicans instead wanted to debate an energy bill that would have led to more domestic oil and gas drilling, but a federal shield law is too important to be shoved aside.
The filibuster dealt a severe blow to a free press and is certain to result in continuing harassment of journalists, all with the purpose of chilling whistleblowers, informants and other sources.
The real loser is the American people, who depend on the free flow of information to benefit their own lives and make sure their government is being run properly.
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