Don't amend shield law

While he was a senator — and a presidential candidate — Barack Obama said he favored a federal shield law. In April 2008, Obama was even a co-sponsor of the proposed Free Flow of Information Act, which, as originally envisioned, would protect journalists from punishment if they refuse to divulge confidential sources. This "shield" ultimately would protect the public's right to know important information about government.

These protections are needed because a growing number of journalists are being subpoenaed by federal prosecutors for information about confidential sources. Research conducted by RonNell Anderson Jones, a BYU professor and former Deseret News reporter, determined that 34 federal subpoenas were issued in 2006 alone. This is significant because the Department of Justice has maintained that only 19 such subpoenas had been issued in all the years since 1992.

One high-profile case involved New York Times reporter Judith Miller, who was subpoenaed in connection with the Valerie Plame CIA-leak case. Another involved San Francisco Chronicle reporters Lance Williams and Mark Fainaru-Wada, who were threatened with jail time for disclosing grand-jury testimony about widespread steroid use in professional sports.

While Obama, the candidate, once backed this legislation, his administration now seeks to gut key provisions of the bill. The original legislation offered a balancing test to weigh the public interest in gathering news and maintaining the free flow of information against the government's need for information.

The Obama administration has proposed eliminating that test in cases deemed "significant" to national security. Judges would be instructed to be deferential to government claims as to the significance of a leak, which flies in the face of the concept of impartial justice, nevermind that judges seldom rule in favor of journalists when a national-security issue is raised. Given that, why should the deck be stacked in favor of the government?

A republic works best when the media are allowed to gather information freely and without intimidation. Proposed changes to the Free Flow of Information Act that the Obama administration seeks run contrary to those principles. If the White House is successful in amending this important legislation, the Senate should kill it.