Boucher and Pence Introduce Free Flow of Information Act

Legislation Will Empower Reporters to Refrain from Revealing their Confidential News Sources

WASHINGTON, DC -  Citing the need for a federal media shield law to protect reporters from being compelled to reveal their confidential news sources, U.S. Representatives Rick Boucher (D-VA) and Mike Pence (R-IN) today introduced the Free Flow of Information Act of 2009. In the 110th Congress, the measure Boucher and Pence advanced was approved by an overwhelming, bipartisan majority of 398 to 21 in the House of Representatives. The Senate did not take up the measure in the last Congress. Boucher and Pence are joined in sponsorship of the bill by 37 of their colleagues in the House, including Judiciary Committee Chairman John Conyers (D-MI) and Vice Ranking Member of the Committee, Bob Goodlatte (R-VA).

"Often the best source of information about public corruption or misdeeds in a large corporation or charity is a person on the inside of the organization who would like to bring the facts to public light, but that person has a lot to lose and to avoid punishment at the hands of superiors will only divulge the information to a reporter if promised confidentiality," Boucher said. "If confidentiality cannot be assured, the public may never learn of the wrong doing and never have an opportunity to take corrective action," he added.

Thirty-six states and the District of Columbia currently have statutes protecting reporters from the compelled disclosure of sources of information.

"The time has come for Congress to enact a federal media shield statute. This is not about protecting reporters. It's about protecting the public's right to know," Pence said.

"As a conservative who believes in limited government, I believe that the only check on government power in real time is a free and independent press. The Free Flow of Information Act would provide a qualified privilege to journalists to shield confidential sources from disclosure except in certain situations such as when our national security is at stake. Ensuring that reporters can keep sources confidential is vital to ensuring the free flow of information to the public," Pence added.

"I am hopeful that Congress will move with all deliberate speed in bringing this legislation to the floor. With the strong bipartisan support which this legislation received in the House of Representatives last session, I am confident that we can put a stitch in this tear in the First Amendment freedom of the press and ensure the vitality of a free and independent press for generations to come," Pence concluded.

"Our founders believed that no freedom was more critical to our democracy than the right of American people to be fully informed by a free and open media. It is no accident that among the very first items listed in the bill of rights is the notion that the government should not abridge the freedom of the press.  Critical to that freedom is the protection of reporters from intimidation. I look forward to working with my colleagues to pass legislation to protect reporters from being compelled to reveal confidential sources. I expect broad bipartisan support for this measure to strengthen the freedom of the press so vital to our democracy," Conyers said.

"The freedom of the press is a right embodied in our Constitution and must be respected in order to protect and promote the free exchange of information in our society.  This fundamental right is one that distinguishes America from many oppressive regimes in the world, and shows our commitment to seeking the truth.  Enacting a federal media shield law will encourage whistleblowers and others with important information to come forward, resulting in more robust information dissemination," Goodlatte said.

"The absence of federal legislation protecting reporters' sources limits the public's access to information which is vital to the functioning of a democratic society. The press allows citizens to serve as watchdogs, speaking out about and exposing what are often illegal, corrupt, or dangerous activities by both private and government actors," Boucher said.

During the past few years, more than thirty reporters have been subpoenaed or questioned in federal court proceedings about confidential sources, and several have been handed or threatened with jail sentences. "Such actions inevitably have a chilling effect on the willingness of reporters to rely on confidential sources and on the willingness of sources to speak to reporters," Boucher noted.

The Free Flow of Information Act sets criteria which must be met before information can be subpoenaed from reporters in any federal criminal or civil matter. The standards set forth in the legislation balances the public interest in the free flow of information against the public interest in compelled testimony. Only when the national security is at risk or where imminent bodily harm is threatened will there be a compelled disclosure by a reporter of the source of confidential information. The measure makes these standards mandatory in all federal judicial, legislative and administrative proceedings, with heightened protection for the identities of confidential sources.

"Our legislation appropriately places the public's right to know above the more narrow interest of the administration of justice in a particular federal case. In fact, in many instances, the critical information which first alerts federal prosecutors to conduct a criminal proceeding is contained in a news story which could only have been reported upon with the assurance of anonymity to the news source. Passage of this measure will assure a stronger underpinning of both freedom of the press and free speech in future years," Boucher concluded.