The Arizona Republic - Reporter Shield Law Necessary

Op-Ed

The Arizona Republic - Reporter Shield Law Necessary

New York Times reporter Judith Miller spent three months in jail. Her crime? She refused to reveal the name of a confidential source to a federal prosecutor who already had the information.

Rhode Island TV reporter Jim Taricani spent four months under house arrest. His crime? He refused to spill the name of a confidential source.

San Francisco Chronicle reporters Mark Fainaru-Wada and Lance Williams came within days of being jailed. Their crime? They refused to tell a court who leaked testimony in the BALCO steroids abuse case.

These are just four of an increasing number of journalists targeted by federal prosecutors who seem intent on turning an independent press into their investigators. The Justice Department has subpoenaed nearly four dozen reporters since 2004.

Journalists don't get much sympathy these days, but this development is a threat to self-government. Bureaucracies don't willingly reveal their illegal, immoral or incompetent behavior. Whistleblowers, who need confidentiality to keep their jobs, and the press guard against such corruption.

Need examples? Consider Watergate, Abu Ghraib, Walter Reed Army Medical Center. These abuses came to light because of confidential sources. If prosecutors keep forcing reporters to choose between naming sources or going to jail, two things will happen. Journalists will stop doing these stories. Whistleblowers will shut up. Either way, the public loses. Corruption wins.

This is why Congress needs to pass the Free Flow of Information Act of 2007. It would shield sources from lazy prosecutors, requiring them to exhaust all other means of getting the information they seek.

The bill includes common-sense exceptions. It would not apply in cases where a source's identity must be revealed to prevent "imminent and actual harm" to national security, to prevent "imminent death or significant bodily harm," or to identify who disclosed trade secrets or an individual's protected financial or medical information.

Not surprisingly, the Justice Department opposes the bill. But it has bipartisan congressional support. One sponsor, Rep. Mike Pence, is a staunch conservative who voted against No Child Left Behind and the Medicare drug bill. He's quick to criticize the news media. But he firmly believes a journalists' shield law is necessary.

"As a conservative who believes in limited government, I know the only check on government power in real time is a free and independent press," he said earlier this month. "The Free Flow of Information Act is not about protecting reporters; it is about protecting the public's right to know."

This is not a special-interest bill. It is in the best interest of a self-governing people. Congress should pass the bill, and President Bush should sign it.

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