House Passes Media Shield Bill

White House Threatens Veto On Legislation Protecting Reporters' Right Not To Reveal Sources

(AP)  The House on Tuesday strongly backed the right of reporters to protect the confidentiality of sources in most federal court cases, saying that right was crucial to a free and effective press. The White House, warning that the media shield bill would encourage leaks of classified information, threatened a veto.

Under legislation that passed 398-21, reporters could still be compelled to disclose information on sources if that information is needed to prevent acts of terrorism or harm to the national security.

That wasn't enough for the White House, which said the privileges given to reporters “could severely frustrate - and in some cases completely eviscerate - the ability to investigate acts of terrorism or threats to national security.”

Advocates of press freedom have pushed the issue this year in the wake of several high-profile cases, including subpoenas for reporters to testify in a probe into the leak of a CIA operative's identity.

Supporters pointed to press reports on Abu Ghraib, clandestine CIA prisons and shoddy conditions at Walter Reed Army Medical Center as examples where source confidentiality was crucial.

“Freedom of the press is fundamental to our democracy and it is fundamental to our security,” House Speaker Nancy Pelosi said.

More than 50 news outlets, including The Associated Press, support the bill, which faces an uncertain future in the Senate.

Rep. Mike Pence, R-Ind., a conservative who cosponsored the bill with Rep. Rick Boucher, D-Va., said he promoted the bill because “I believe the only check on government power in real time is a free and independent press.” The act, he said, “is not about protecting reporters, it's about protecting the public's right to know.”

The Justice Department and the Office of the Director of National Intelligence are on record as opposing the legislation, saying it would make it nearly impossible to enforce federal laws pertaining to the unauthorized release of classified information. Justice also said the bill's definition of who is a journalist is too broad.

But backers said the bill was crafted to strike a balance between the need to protect a reporter's sources and the need for courts to see critical pieces of information.

Exceptions to the reporter shield are allowed to prevent an act of terrorism, apprehend the source of a past terrorist attack or stop harm to national security. Disclosures can also be ordered to prevent imminent death or significant bodily harm, or to identify a person who has revealed trade secrets or information involving personal medical or financial records.

Just before passage, the House accepted language by Rep. Lamar Smith, R-Texas, the lead opponent of the bill, allowing judges to consider the public interest in forcing disclosure in all cases involving leaks that could be harmful to national security, not just criminal cases.

The final bill consists of “a lot of compromising,” said Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press. “This has required enormous amounts of time and money and effort” by media and nonprofit groups. Pushing a legislative agenda, she said, “does not come natural to us.”

The impetus, she said, was more than 40 cases in the past three years where reporters have been asked to identify sources or testify in federal criminal and civil cases.

“America is not a country where journalists should be jailed,” said Clint Brown, national president of the Society of Professional Journalists. “This bill will allow the working press and those acting as journalists to serve society without fear of reprisal or intrusion from overzealous prosecutors.”

Former New York Times reporter Judith Miller was jailed for 85 days in 2005 for refusing to identify which Bush administration officials had talked with her about CIA agent Valerie Plame.

The Justice Department, in questioning the need for the legislation, said it had approved the issuances of subpoenas to reporters seeking confidential source information in only 19 cases between 1992 and 2006.

The Supreme Court in 1972 ruled that journalist-source relationships were not protected under the Constitution, and currently reporters have no privileges to refuse to appear and testify in federal legal proceedings. The situation is different in state courts, with 33 states having media shield statutes and 16 others with judicial precedents protecting reporters.

A similar bill, sponsored by Sen. Arlen Specter, R-Pa., cleared the Senate Judiciary Committee earlier this month, but it's uncertain if the full Senate will take it up in the final legislative weeks of this year.

The bill is H.R. 2102.

[bks59]

years ago I heard a commentary expalaining why Our Founding Fathers included Freedom of the Press in Article I of the Bill of Rights, it was to allow the press to serve as watch dogs of the Peoples Government. to be able to report, unfettered, as to the function and inner workings of a government that was/is responsible only to its citezenary (you and me), What Bush and company is and has been effective at is squashing the one tool you and I have in knowing and understanding what Our elected officals are cooking up. whether you are republican or democrat you should be afraid anmd angry at where this adiministration is taking Our government.

[finewoven]

In fact, I was a Republican for 27 years and I am sick to my stomach at what has happened to the Republican party. They are pitiful.
Posted by kansas1946 at 11:30 PM : Oct 16, 2007

I know what you mean. The politics of power has degenerated Republican ideals. After a while, you realize that what measures that qualify a conservative agenda, fiscal responsibility being toward the top--means that either this is not Republican, or the name has no meaning whatsoever.

After a while, it resorts to loyalty for absurdity. And our President really becomes royalty. A despot of sorts, controlling by decree and not representative government. We Americans need better.

[brianbwb-2009]

"The White House, warning that the media shield bill would encourage leaks of classified information,"

Yeah right, like when Cheney, Libby and Rove leaked Valerie ''s name to the press. It was supposed to be classified info, but the only thing they tried to keep classified was the identity of the traitor, because he was their own.

[rev0lution]

***** Stop The War & Corporate Corruption *****

Why Don''''t You Know Ron Paul??????

The corporate media will not give Ron Paul any Exposure. Because, NBC is owned by GE. GE is one of the world''''s largest war-makers. They make things that go boom. They make $Billions on war. A Ron Paul administration would be bad for business. CNN is owned by AOL. Majority share holder is Saudi Royal Talal who is also partners with GHWBush in The Carlyle Group. Another major warmaker. And on and on. You get the picture. This is why they are doing a Media Blackout on him. Because they don''''t WANT YOU TO KNOW THE TRUTH!!!

Who is Ron Paul?
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Who Owns The Media: http://www.mediaowners.com

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SPREAD THE WORD ABOUT RON PAUL 2008!

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We have Domestic Terrorists It Is Called The Bush Administration And All Of His "Secretive Signed Statements" Either Stand Up Now or Go To Sams Club And Keep Buying Cases of Vasiline So When You Put Hillary In Office!

WAKE UP AMERICA! Will It Be Your Child Who Dies Next, Like Mine Did?

[kansas1946]

kansas1946

You want pork? How is Ms. Hillary going to pay for a $5000.00 savings bond for each child born?.. and the moneys put into 401K''''s ?
--------------------------------------------------------------------------------Posted by jonesforch at 08:46 PM : Oct 16, 2007
**************************************

No, I don''t want pork. I am not a supporter of Hillary''s. I am not a Democrat. In fact, I was a Republican for 27 years and I am sick to my stomach at what has happened to the Republican party.
They are pitiful. The Democrats are ten times more attractive right now. It isn''t my fault, it is just the way it is. Instead of defending Republicans, you should be chastising them. They are damaging our country. And by the way, the 401K thing is not technically pork. Pork is when a rep or senator sends stuff back to his/her state, mostly Alaska.
At least the 401K pork goes to everybody.

[fiteit1]

Boy did CBS pull this post a comment board fast!
Telecoms Barred From Disclosing Spying
White House Forbids Telecom Companies From Telling Congress About Surveillance Activity

WASHINGTON, Oct. 15, 2007

[fiteit1]

Bush has national security and reporters should have a shield. Bush keeps people and agencies from talking and makes others spill their guts all under intimidation, threats and torture. What a country we live in. Just what is he hiding? What is his agenda? What country is he really working for?

Just look at it this way, we only have another year and two months left. Let%u2019s see how much more damage he can do. And then lets see if the Dems will change it back or stay the course.

[starleo146]

Posted by b48151 at 08:59 PM : Oct 16, 2007


Did you notice the vote 398-21 I think there were some republipigs voting for this legilation

[jonesforch]

kansas1946

You want pork? How is Ms. Hillary going to pay for a $5000.00 savings bond for each child born?.. and the moneys put into 401K''s ?

[ioweign]

I am more scared of the fact that our level of journalism had sunk to the level of ''''tabloids''''. The problem with reporters are massive..it would affect both republican and democrat..IT DOES NOT MATTER.

of course you are already brainwashed to the level that what you read is automatically gospel.

SHEEP!

Posted by xzavierbrown at 08:23 PM : Oct 16, 2007


You afraid of "Deep Throat" !!

[kansas1946]

The White House, warning that the media shield bill would encourage leaks of classified information, threatened a veto.
*********************
Gosh, where was his veto pen when all of pork was crossing his desk for six years. Now that some bills that are important to America, stem cell research, protecting children''s health, protecting a free press, come across his desk and he can''t control his veto hand. The guy is certifiable.

[xzavierbrown]

Posted by afmca at 07:35 PM : Oct 16, 2007
+ report abuse
*******

I am more scared of the fact that our level of journalism had sunk to the level of ''tabloids''. The problem with reporters are massive..it would affect both republican and democrat..IT DOES NOT MATTER.

of course you are already brainwashed to the level that what you read is automatically gospel.

SHEEP!

[likeitis5050]

So when do they pass a bill that requires reporters only report the news and not create the news? Oh, wait, that would involve being unbiased...sorry.

[toolmangler-2009]

If the ''story'' is proved correct then its nobodys business who leaked it.

[toolmangler-2009]

If the ''source'' plants a corrupt story that is shown to be wrong then then source should be exposed.

[afmca]

God Bush just gets scarier every moment. In another story he orders public companies not to testify to Congress. In this story he is going to refuse to allow the press the ability to root out the corruption that is government. He is the spokesperson for government sanctioned torture. America must never again elect a President as intellectually stupid as Bush. What makes it worse is that the VP is the most morally bankrupt human ever to hold that office also. Stupidity with immorality - that is why this world is such a dangerous place. Impeaching Bush and Cheney is the only option left!

[speakinup]

OH MY GOSH! J-whitman, you''re in deep trouble. Those reporters you talked to can still be forced to give their source!