Reporters' Groups Oppose Shield Law Amendment
Amendment Would Only Give Protection To Professional Journalists
© Jon Pike
Sep 20, 2009
A reporters' group is lobbying to include amateur journalists, which would include people who primarily use the Internet and publish on websites and blogs, in the newest version of a shield law bill. Shield laws afford journalists some protection in being able to keep their sources confidential from law enforcement. The bill that the Reporter's Committee for Freedom of the press would be the first federal shield law.
The History Of Shield Laws
Reporters and other media organizations have fought for passage of shield laws. In 1972, The US Supreme Court bundled three cases together and issued a ruling under the title of Branzburgv. Hayes, that essentially said that reporters have no First Amendment right to withold sources ofinformation from law enforcement. The three cases inlcuded:
- Paul Branzburg of the Louisville Courier-Journal had witnessed people manufacturing and using hashish.
- Earl Caldwell of the New York Times refused to testify before a grand jury about interview he conducted with the Black Panthers
- Massachusetts TV reporter, Paul Pappas, had also refused to testify about time he spent with the Black Panthers.
Since then 37 states have extended some sort of Shield Law protection to reporters. How much protection they receive varies from state to state. Those states include:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Delaware
- Washington, D.C.
- Florida
- Georgia
- Illinois
- Idaho
- Iowa
- Kentucky
- Louisiana
- Maryland
- Michigan
- Minnesota
- Montana
- Nebraska
- Nevada
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- Tennessee
- Texas
- Utah
- Washington
The Latest Attempt To Pass A Shield Law
The latest attempt to pass a federal shield law is called The Free Flow Of Information Act. An amendment by Democratic Charles Schumer of New York clearly specifies that only people who get paid to be journalists should be covered by the Shield Law. The amendment indicates that the protection should apply to anyone who:
"obtains the information sought15 while working as a salaried employee of, or independent contractor for, an entity that disseminates information by print, broadcast, cable, satellite, mechanical, photographic, electronic,or other means; and publishes a newspaper,book, magazine, or other periodical; operates a radio or television broadcast station, network,cable system, or satellite carrier, or a channel or programming service for any such station, network, system, or carrier; operates a programming service; or operates a newsagency or wire service;"
The Reporters Committee For Freedom Of The Press says that the previous language covered anyone, paid or not, who engages in journalism. The committee wants a bill passed without the new language.
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