Possible Court Shield for Journalists

(©2005 Associated Press Photo by Charles Dharapak)

By Chelsea Halvorson

Under a bill approved on March 31st, 2009, reporters who decline to reveal confidential information may gain limited protection in federal court, according to the First Amendment Center.

The bill, called H.R. 985 but more commonly known as the Free Flow of Information Act, would allow the court to require journalists to reveal confidential sources in the following circumstances:

• If revealing a confidential sources could prevent an act of terrorism against the U.S. or its allies, prevent significant harm to national security or to identify a perpetrator of a terrorist act
• If revealing a confidential sources could stop an imminent death or significant bodily harm
• If revealing a confidential source could identify someone who disclosed a trade secret, health information on individuals, or financial information that is confidential under federal laws
• If revealing a confidential source could identify, in a criminal investigation, someone who disclosed properly classified information that caused or will cause significant harm to national security, (First Amendment Center)
  

If those requirements ARE met, the person seeking such information from the confidential source must show that the public interest in revealing the source outweighs the public interest in gathering or disseminating information, according to the First Amendment Center.

Supporters of this bill say that this will help balance the right of the public in gaining essential information. They also argue that it will increase the federal government's ability to protect Americans from both terrorism and violent crimes. Opponents of this bill, on the other hand, say it could harm national security and hinder criminal investigations by creating special rules for journalists, according to the First Amendment Center.

Question:
- Many states have a shield law that protects reporters. However, with confidential sources, there is no protection against the federal government; this can put reporters and sources in uncomfortable situations with negotiating confidentiality AND knowing what kind of protection they have. If this bill IS passed, what could this mean for journalists? Would the passing of this bill help change what kinds of stories journalists potentially go after?