The New York Times is throwing its weight behind a “compromise” federal shield law whose protections are described by by Times reporter Adam Liptak as:
“weaker than those in almost all of the 49 states that shield journalists from state actions through statutes and judicial decisions. They are also weaker than the protections in the Justice Department’s own guidelines for issuing subpoenas to journalists.”
The bill is cosponsored by Sen Charles Schumer, D-NY, and Sen. Arlen Specter, R-PA. “This bill can pass,” Schumer tells the Times which — according to the article — supports the new bill along with “scores of news organizations.”
I am not supportive of a federal shield law. I think mass media performed shamefully in the lead up to the Iraq War. The national press corps was complicit in misleading the nation into war by repeatedly reporting the lies told them by ”persons speaking under condition of anonymity.”
I would guess a majority of professional journalists want a federal shield law. When Congress was considering stronger proposals were earlier in the year I argued against those laws, and more than once said that professional journalists deserve no protection not afforded any other American.
But if mass media are content with this legal fig leaf why bother arguing. The bill’s protections are as pathetic as the press’s pre-war performance. Perhaps that’s the justice in all this.
I adore you even when we don’t agree. But I am speaking in a First Amendment class Tuesday about the shield law and will state your point of view for the students’ benefit.
I did something like what Lance Williams did, only it was in 1987 and involved the Phoenix Suns. and it got them unindicted on a BS cocaine conspiracy case.
Thank goodness for the Arizona shield law that protected me at the time.
I think justice was served and I probably should blog it in the long form someday.
I’m not so sure about the merit plan — you get the shield law only when you do good for the world. I wish we always did good for the world!
Charlotte-Anne, if it makes you feel any better I have reasoned or rationalized a way to support the state shield laws. The state level reporters have not led us into war like the gossip-mongers in the national press corps. Regards Tom
[...] ‘Compromise’ shield law weaker than DOJ rules [...]
[...] is a weak law in that it creates dozens of reasons to force “covered persons” to reveal sources, [...]