mnl168 A Reporter’s Shield Law Is Vital to Prevent Abuses of Power
Governments often chafe at the presence of a free press. The reason is simple: A robust and independent news media keeps a sharp eye on government and, when necessary, exposes abuse of power, corruptionmnl168, incompetence and waste.
Exposing such things depends, of course, not just on journalists but also on brave officials willing to sound the alarm about government misconduct. Even when their disclosures are clearly in the public interest, these whistle-blowers — or sources, in the journalistic parlance — often hide their identities to avoid punishment or retaliation. In this way, bringing essential information to the public often depends on protecting the identity of the person sharing it.
Safeguarding the anonymity of reporters’ sources is essential in the exercise of this critical role, a need that several federal courts have found is implicit in the First Amendment. It has been recognized by governments or courts in 49 states and the District of Columbia as a form of protection for journalists and news outlets against unfair or overbearing efforts by government to ferret out their sources, punish whistle-blowers and scare off others who might consider speaking up about wrongdoing.
There is nothing of the sort, however, on the federal level, where the need is arguably greatest, in part because of the rapid evolution of electronic snooping and the fallout of sharply polarized politics. Having a federal law on the books would provide a higher level of protection than the recognition now provided by most federal circuit courts.
That could change before the year is out if the Senate Judiciary Committee releases a strong bipartisan bill that has already sailed unopposed twice, in this session and the last, through the House of Representatives. Called the Protect Reporters From Exploitative State Spying Act, or PRESS Act, it would shield reporters from court-ordered disclosure of their sources of information, except in the rare cases in which disclosure is necessary to prevent an act of terrorism or imminent violence.
The New York Times is clearly not a disinterested bystander on this issue. It is this board’s conviction, shared by most independent news media, that governmental restrictions on freedoms of the press are a certain route to abuse of power and authoritarianism. The Times and its reporters have been involved in numerous legal battles to ensure that the press remains free and independent.
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