Lugar, Dodd introduce Free Flow of Information Act

"This legislation confirms America's Constitutional commitment to press freedom and advances our foreign policy initiatives to promote and protect democracy," Lugar said. "We must lead by example and the role of the media as a conduit between government and the citizens it serves cannot be devalued."

"We enter dangerous territory for a democracy when journalists are hauled into court and threatened with imprisonment if they don't divulge their sources," said Dodd. "Forty nine states and the District of Columbia have already recognized the need for a reporter shield by enacting protection on the state level either through legislation or court decisions. The Free Flow of Information Act that Senator Lugar and I are introducing today simply extends that widely-recognized protection to the federal courts. This legislation should not be viewed as a privilege for reporters, but as a protection of every American citizen's right to information and their ability to inform themselves. It is an important first step toward rebalancing the pursuit of justice and the distribution of truth."

The bill would set national standards that must be met before a federal entity may issue a subpoena to a member of the news media in any federal criminal or civil case. It would set out certain tests that civil litigants or prosecutors must meet before they can force a journalist to turn over information. For example, litigants or prosecutors must show, that they have tried unsuccessfully to get the information in other ways and that the information is essential to the case. These standards were based on Justice Department guidelines and common law standards.

Additional protections are included to ensure that information will be disclosed in cases where the information is critical to prevent death or bodily harm or in cases that relate to the unlawful disclosure of trade secrets. The bill would permit a reporter to be compelled to reveal source information when disclosure is necessary to prevent imminent and actual harm to national security. Finally, the bill would provide protections to ensure that source information can be provided when personal health records and financial records were disclosed in violation of federal law.