How to fight for the shield

After you get the background information about the Senate Judiciary Committee's upcoming Sept. 20 hearing on the proposed federal shield law for journalists, do something, darn it!

It'll take only a few minutes to write or call your senators. It is especially important for key senators on the Judiciary Committee to hear from their constituents. Those key players are: Orrin Hatch (R-UT), John Cornyn (R-TX), Sam Brownback (R-KS), Tom Coburn (R-OK), Mike Dewine (R-OH), John Kyl (R-AZ), Joseph Biden (D-DE), Herb Kohl (D-WI), Dianne Feinstein (D-CA) and Richard Durbin (D-IL).

Not sure what to write or say? Then review this sample letter, crafted by SPJ attorney Malena Barzilai of Baker Hostetler:

Dear [senator]:

The Senate Judiciary Committee may soon be marking up S. 2831, the Free Flow of Information Act of 2006, which would create a qualified federal shield law for journalists. As a working journalist, I write to express my support for this bill, which strikes an appropriate balance between the need to protect the free flow of information to the public through a free press and the need to ensure the fair administration of justice and effective law enforcement.

Confidential sources and information have played a essential role in enabling me and my fellow journalists to inform the public about important issues. However, this function is threatened because reporters are with increasing frequency finding themselves involved in contentious federal lawsuits in which the government or other litigants are demanding information about these confidential sources and materials.

The District of Columbia and 49 states already recognize an absolute or qualified privilege for journalists, but the absence of uniform protections at the federal level has created unpredictability that makes it difficult for the press to do its job. There is an urgent need for Congress to enact a federal shield statute that will provide a clear federal standard. We hope you will support S. 2831 and work for its enactment this Congress.

Sincerely,

[name here]

Not sure you should say anything at all? Granted, journalists with an ounce of good sense don't make a habit of lobbying Congress. But c'mon. There are times -- and this is one of them -- when we need to use all the power we can muster to protect a free press and the free flow of information to the public. As Jonathan Alter, a senior editor of Newsweek writes:

"Somebody had better come up with something soon or the basic arrangements by which (the public) learns hard-to-find truths about (the) world will collapse faster than a Hollywood marriage. Interested in Enron and other business rip-offs? How about the war on terrorism or the spread of nuclear weapons or some local scandal or half the other important stories you see on the front page? Once federal prosecutors and even civil claimants (like Wen Ho Lee) get in the habit of forcing reporters to cough up their sources, you'll be dining on handouts and hokum."

We must actively work to change the law -- and we have our chance. SPJ is among more than 15 other journalism organizations supporting the proposed federal shield. Surely, we're not all crazy and/or straying from our strong commitment to professional ethics.