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Reaction to Free Flow of Information Act of 2013 (updated)
Last edited Fri Sep 20, 2013, 06:32 PM - Edit history (1)
Reporters Committee statement on shield bill
The U.S. Senate Judiciary Committee today passed the Free Flow of Information Act of 2013.
Our statement: We are pleased to see that the Judiciary Committee passed this bill. It goes a long way toward ensuring that reporters will be protected from subpoenas for their confidential information and sources. It's not a perfect bill, but it tries to cover a broad array of reporters. While it is not as inclusive as we would like, it is not nearly as limited in that area as previous attempts at a federal shield law have been. It still is important that we work with Congress and the administration to make sure journalists' records are not scooped up in broad surveillance programs, and that Justice Department attorneys respect the rights of reporters, but today's action is a significant step in the right direction.
<...>
http://www.rcfp.org/reporters-committee-statement-shield-bill
The U.S. Senate Judiciary Committee today passed the Free Flow of Information Act of 2013.
Our statement: We are pleased to see that the Judiciary Committee passed this bill. It goes a long way toward ensuring that reporters will be protected from subpoenas for their confidential information and sources. It's not a perfect bill, but it tries to cover a broad array of reporters. While it is not as inclusive as we would like, it is not nearly as limited in that area as previous attempts at a federal shield law have been. It still is important that we work with Congress and the administration to make sure journalists' records are not scooped up in broad surveillance programs, and that Justice Department attorneys respect the rights of reporters, but today's action is a significant step in the right direction.
<...>
http://www.rcfp.org/reporters-committee-statement-shield-bill
Senate Finally Frees the Press (Kind Of)
By Gabe Rottman
The Senate Judiciary Committee yesterday took up a federal reporter shield law for the second time this year, after getting caught up back in July over the definition of a journalist. This time around, however, the committee passed it, marking the first time a shield bill has moved since 2009, when momentum behind a very similar measure died an unfortunate death after the Wikileaks affair. Despite some flaws, it's on balance a positive step toward greater press freedom and government transparency.
The recent revelations that the Justice Department has aggressively investigated members of the news media in several high-profile leaks inquiries have breathed new life into the measure, which would add federal protections on top of the 49 states that already "shield" reporters from having to disclose their sources and work product.
<...>
The biggest change between this bill and S. 448, which died in 2009, is who's covered by the legislation. In 2009 (prior to Wikileaks being a thing), the bill had a narrow-ish definition of journalist, skewed to the legacy media, but still possibly inclusive of professional bloggers, citizen reporters, and other new media types.
<...>
But, the new bill, while adopting the crabbed Feinstein definition, also has a safety valve that may, depending on how it's implemented, end up being quite positive. It would allow a judge discretion to expand the scope of the act to anyone if the judge determines it "would be in the interest of justice and necessary to protect lawful and legitimate news-gathering activities."
- more -
https://www.aclu.org/blog/free-speech/senate-finally-frees-press-kind
By Gabe Rottman
The Senate Judiciary Committee yesterday took up a federal reporter shield law for the second time this year, after getting caught up back in July over the definition of a journalist. This time around, however, the committee passed it, marking the first time a shield bill has moved since 2009, when momentum behind a very similar measure died an unfortunate death after the Wikileaks affair. Despite some flaws, it's on balance a positive step toward greater press freedom and government transparency.
The recent revelations that the Justice Department has aggressively investigated members of the news media in several high-profile leaks inquiries have breathed new life into the measure, which would add federal protections on top of the 49 states that already "shield" reporters from having to disclose their sources and work product.
<...>
The biggest change between this bill and S. 448, which died in 2009, is who's covered by the legislation. In 2009 (prior to Wikileaks being a thing), the bill had a narrow-ish definition of journalist, skewed to the legacy media, but still possibly inclusive of professional bloggers, citizen reporters, and other new media types.
<...>
But, the new bill, while adopting the crabbed Feinstein definition, also has a safety valve that may, depending on how it's implemented, end up being quite positive. It would allow a judge discretion to expand the scope of the act to anyone if the judge determines it "would be in the interest of justice and necessary to protect lawful and legitimate news-gathering activities."
- more -
https://www.aclu.org/blog/free-speech/senate-finally-frees-press-kind
From the President: Contact your senators now!
It’s time to raise the shield. Now! Congress is considering the Free Flow of Information Act — a federal shield law. We need to let our U.S. senators know how important this legislation is for society. You can help! Email or call your two senators (info below), and then let us know that you did. We will update the shield map and continue to spread the word. Act now!
- more -
http://www.spj.org/shieldlaw.asp
It’s time to raise the shield. Now! Congress is considering the Free Flow of Information Act — a federal shield law. We need to let our U.S. senators know how important this legislation is for society. You can help! Email or call your two senators (info below), and then let us know that you did. We will update the shield map and continue to spread the word. Act now!
- more -
http://www.spj.org/shieldlaw.asp
Updated to add:
By David Greene
Senate Revises Media Shield Law for the Better, But It’s Still Imperfect
The Senate Judiciary Committee last week approved a new version of the proposed media shield law, forging a compromise on who should be protected from having to reveal their journalistic sources in court. The amended bill, which is now clear to go for a full vote in the Senate, avoids defining who is a “journalist.” Moreover, it would allow judges the discretion to apply the protection to any person who, in the interest of justice, should be considered a practicing journalist.
The bill is far from perfect, but the new compromise opens the door to non-mainstream journalists, as well as new forms of journalism that may develop in the future.
The Long and Winding Road to a Federal Reporters’ Privilege Statute
The Free Flow of Information Act of 2013 (S. 987) would create protection for newsgatherers who are served with subpoenas or other court orders seeking unpublished information obtained during the course of their newsgathering.
Currently, 40 states have shield laws that provide protections against subpoenas and orders issued by state courts, but there is no statutory protection against subpoenas and other orders issued by federal courts. Instead, newsgatherers have had to rely on a “reporters privilege,” interpreted by many federal courts as deriving from the First Amendment. Yet few courts apply it to block grand jury subpoenas, which are especially common, and the vitality of the constitutional privilege as a whole has recently been called into doubt. Indeed, a recent decision of the Fourth Circuit U.S. Court of Appeals refused to apply it at all.
There is no question that a federal shield law is needed. However, as with all shield laws, the law must define which persons can claim its protections.
- more -
https://www.eff.org/deeplinks/2013/09/senate-revises-media-shield-law-better-its-still-imperfect
Senate Revises Media Shield Law for the Better, But It’s Still Imperfect
The Senate Judiciary Committee last week approved a new version of the proposed media shield law, forging a compromise on who should be protected from having to reveal their journalistic sources in court. The amended bill, which is now clear to go for a full vote in the Senate, avoids defining who is a “journalist.” Moreover, it would allow judges the discretion to apply the protection to any person who, in the interest of justice, should be considered a practicing journalist.
The bill is far from perfect, but the new compromise opens the door to non-mainstream journalists, as well as new forms of journalism that may develop in the future.
The Long and Winding Road to a Federal Reporters’ Privilege Statute
The Free Flow of Information Act of 2013 (S. 987) would create protection for newsgatherers who are served with subpoenas or other court orders seeking unpublished information obtained during the course of their newsgathering.
Currently, 40 states have shield laws that provide protections against subpoenas and orders issued by state courts, but there is no statutory protection against subpoenas and other orders issued by federal courts. Instead, newsgatherers have had to rely on a “reporters privilege,” interpreted by many federal courts as deriving from the First Amendment. Yet few courts apply it to block grand jury subpoenas, which are especially common, and the vitality of the constitutional privilege as a whole has recently been called into doubt. Indeed, a recent decision of the Fourth Circuit U.S. Court of Appeals refused to apply it at all.
There is no question that a federal shield law is needed. However, as with all shield laws, the law must define which persons can claim its protections.
- more -
https://www.eff.org/deeplinks/2013/09/senate-revises-media-shield-law-better-its-still-imperfect
9 replies
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= new reply since forum marked as read
CHARLES P PIERCE writing at ESQUIRE
http://www.esquire.com/blogs/politics/dianne-feinstein-sheild-laws-091913
