Time to protect free flow of information

If a vigorous Fourth Estate is truly the best insurance against the failure of the checks and balances set up between the executive, legislative and judicial branches of our government, then it's time to pass a federal reporter's shield law.

A bill in Washington aimed at protecting the relationship between journalists and their confidential sources in federal court has finally passed through the Senate Judiciary Committee after months of stalemate.

The Free Flow of Information Act, as it is known, would ensure that the information critical to the enlightenment of the people of this republic be unimpeded; that sources of that information can be comfortable in their anonymity if they fear reprisals for divulging it; that reporters can feel confident they won't have to do time in jail for doing the right thing.

As Vermont Sen. Patrick Leahy, who chairs the judiciary committee, noted to The Associated Press, "After years of debate and countless cases of reporters being held in contempt, fined and even jailed for honoring their professional commitment not to publicly reveal their sources, the time has come to enact a balanced federal shield law."

The bill passed in the judiciary committee by a 14-5 vote and now is headed to the full Senate. But even with the support of the full Senate it still must be reconciled with a House bill that was passed in February.

It's important to note that it's not just mainstream media outlets that would benefit from its passage. The bill seeks to provide coverage for not only traditional newspaper, television, radio and magazine reporters but, at least in its current form also bloggers, citizen journalists, student journalists and freelance writers. Basically, anyone engaged in doing journalism.

Historically, reluctance to embrace this measure over the last couple years has centered on concerns over national security and potentially the protection of terrorists.

The Senate bill, which has broad support of journalism organizations as well as the Obama administration and the intelligence community, now contains the stipulation that government can compel disclosure of a source "when the information at issue would materially assist the federal government in preventing or mitigating an act of terrorism or other acts that are reasonably likely to cause significant and articulable harm to national security."

It exempts "journalists" who are reasonably likely to be a foreign power or a terrorist. And it exempts cases where information could stop a murder or kidnapping.

So with objections addressed, we strongly urge its passage. This is an important bill that's made it through the gantlet without losing its gusto. It is a critical step in protecting one of our democracy's most cherished principles: the public's right to know.