Schumer Helps Secure Senate Committee Passage Of Media Shield Bill

Press Release

Schumer Helps Secure Senate Committee Passage Of Media Shield Bill

Today, Senator Charles E. Schumer (D-NY) announced the Senate Judiciary Committee has passed the Free Flow of Information Act of 2007, a bipartisan bill Schumer introduced with Senator Arlen Specter (R-PA) to protect the public's right to a free press. The legislation provides appropriate protections to reporters, their employers, and the confidential sources on whom they rely. Senator Christopher Dodd (D-CT) and Senator Richard Lugar (R-IN), who have championed this issue and crafted similar legislation in the past, have joined Senators Schumer and Specter in supporting this particular bill. The Free Flow of Information Act has also garnered the support of Senator Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee, as well as Senator Lindsey Graham (R-SC).

"This bill will put the bark back in America's watchdog," Schumer said. "Our courts already protect the privacy of many forms of communication, and this balanced, bipartisan bill recognizes that a reporter's relationship with a source deserves substantial protection too. We have struck the right balance between preserving journalistic integrity with the public's right to seek justice. I commend my colleagues who have joined in support of this bill, particularly Senator Dodd and Senator Lugar, who have been at the forefront of this issue."

The Free Flow of Information Act recognizes the role confidential sources play in a fair and free media, and establishes a reporters' privilege to protect the relationship between journalists and their confidential sources. In some instances where a crime has potentially been committed, this relationship is jeopardized, especially if a reporter is ordered to reveal his or her sources in connection with the investigation.

This bill would create a qualified privilege for reporters to withhold information they obtain under the promise of confidentiality. It would prohibit a federal prosecutor in a criminal case from compelling a journalist or employer of a journalist to reveal protected information unless certain situations exist or specific criteria have been met. Additionally, it requires the prosecution to confirm that all other reasonable, alternative sources have been exhausted before asking that a confidential source be revealed.

The legislation also exempts privilege for situations where the sharing of information is critical. For example, a reporter may not withhold source information when needed to prevent a terrorist attack, significant harm to national security, death, kidnapping, or substantial bodily harm. A journalist who witnesses a crime also cannot refuse to share eyewitness observations.

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