Senate, White House agree on reporter protections
By JIM ABRAMS
WASHINGTON (AP) - The White House, key senators and media
representatives have reached a compromise on legislation to protect
reporters from being forced to disclose their confidential sources
in federal court.
Senate supporters of the so-called media shield bill said Friday
that the deal gives the government authority to override those
rights in certain national security cases.
Sen. Charles Schumer, D-N.Y., said the agreement ``strikes the
right balance between national security concerns and the public's
right to know.'' He said it would preserve a strong defense for
reporters trying to protect sources while making sure the
government can do its job of protecting citizens.
The Senate Judiciary Committee could take up the altered
legislation next week.
Lucy Dalglish, executive director of the Reporters Committee for
Freedom of the Press and a member of the media team involved in the
negotiations, said they were strongly recommending that the larger
media coalition backing reporter protections endorse the agreement.
``I think it is a compromise we can live with and it seems to be
a compromise the White House can live with. It's certainly better
than the status quo,'' Dalglish said.
The House passed its version of a media shield bill last March,
but the measure has stalled in the Senate and took a step back last
month when the administration unexpectedly sought to broaden
government authority to compel testimony. Dalglish said that
approach was ``quite honestly a slap in the face.''
Schumer met with Attorney General Eric Holder last month to try
to find common ground, Schumer's office said.
The original bill centered on the idea that a balancing test
should be applied under which a federal judge would weigh the
public's right to know versus national security claims made by the
government. The administration wanted to eliminate that balancing
test in many cases involving terrorism and other security cases.
Under the compromise, the balancing test would be eliminated in
classified leak cases where the government can show that disclosure
of a source's identity is necessary to prevent or mitigate an act
of terrorism or substantial harm to national security. But the
government would also have to provide specific facts: it could not
make a national security claim and then withhold most of the
details.
The balancing test would be in order for cases not involving
classified leaks, but in criminal cases the burden would be on the
journalist to show clear and convincing evidence that guarding the
anonymity of sources is in the public interest.
In non-criminal cases the government would bear the burden in
proving that compelling the divulging of a confidential source
outweighs the public interest in newsgathering.
``The negotiated compromise creates a fair standard to protect
the public interest, journalists, the news media, bloggers,
prosecutors and litigants,'' said Sen. Arlen Specter, D-Pa., a
co-sponsor of the Free Flow of Information Act.
The revised bill would also extend protections for freelance or
citizen journalists by defining a journalist by the nature of
activity engaged in rather than by the organization that employs
the reporter.
Protections in the bill apply not only to information held
directly by reporters, but also to reporter information such as
phone and e-mail records held by third-party service providers.
White House spokesman Ben LaBolt said the Obama administration
was the first in history to support media shield legislation and
that the compromise was one the White House, Senate sponsors
Schumer and Specter, and a broad-based media coalition support.
``We expect this proposal to move forward with bipartisan support,
and the president looks forward to signing it into law,'' LaBolt
said.
Media shield legislation has been supported by more than 70
journalism organizations including The Associated Press. It would
apply only to federal courts and leave intact state protections for
journalists and their sources.
The American Society of Newspaper Editors praised the agreement:
``while not perfect, this is a huge stride forward from the
administration's prior position and provides statutory protection
that far exceeds that which is currently available to a reporter
who is served with a subpoena in a federal proceeding,'' it said in
a statement.
10/30/09 17:13
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