In their wisdom, the Founding
Fathers created two branches of
the federal legislature. Things tend
to happen pretty quickly in the
House of Representatives, where
bills can be passed by a simple
majority vote.
The Senate, with its complicated
rules and effective filibuster mechanism,
tends to act as a braking
agent on the designs of the majority
party.
Often, this is a very good thing,
preventing a “tyranny of the majority”
to the detriment of those holding
minority views.
However, sometimes worthy initiatives
just get bogged down.
We believe strongly that this is
the case when it comes to the Free
Flow of Information Act, which
is scheduled to be the first item
considered in the Senate Judiciary
Committee’s Executive Business
Meeting on Thursday.
Already passed by the House of
Representative, for five long years,
the bill has languished and has
undergone many changes to accommodate
opponents.
Simply put, this is a law intended
to shield a news reporter from having
to testify about information or
sources involved with the research
or dissemination of a story.
It would be a mistake to categorize
it as granting a special privilege
to the news-gathering industries.
What it is, is an important
extension of the First Amendment,
without which all our other freedoms
would be jeopardized.
One version or another of what
has come to be known as a shield
law is in effect in New York, 48
other states and the District of
Columbia. But there is no federal
equivalent.
This came into play during the
Valerie Plame CIA leak-of-information
affair in 2003, when reporters
were pressed to reveal their
sources. In 2005, Judith Miller of
The New York Times spent 85 days
in prison for refusing to disclose a
source.
We are proud that New York
Sen. Charles Schumer is a supporter
of the Free Flow of Information
Act as a member of the Judiciary
Committee, but it is important that
he is vigilant against attempts to
derail the bill yet again.
Ranking Minority Member Jeff
Sessions, R-Ala., and Jon Kyl, RAriz.,
are expected to introduce
several unfavorable amendments
and perhaps filibuster.
Former President George W.
Bush was an opponent of the bill,
but now it has the support of the
Obama administration.
The Judiciary Committee has
already held several extensive
hearings on the bill. Schumer and
his colleagues must press for an
immediate vote in the committee
so that it can be passed on to the
full Senate.
Not for the benefit of the news
media, but for the benefit of the
American people.
