Now that I am official on the internet with my own domain name (!), here we go with my first post.
I’ve been trying to come up with an idea for a blog for a while, but nothing quite stuck. Something to do with international news?Check. Uses a variety of news sources? Check. Unique idea that no other blogger has? Stumped on that one. Then the other day I learned through SPJ that the federal shield law in the United States was up for a vote by the Senate Judiciary Committee, and thought, hey, why not a blog on global press freedom issues? I have found censorship an interesting topic in undergrad when studying Russia, and my interest in press freedom developed when I worked at Global Journalist while a graduate student at the Missouri School of Journalism. So what better way to start a blog than with a topic that will affect journalists in my home country?
Normally when issues of press freedom come to mind in the United States, many people think of it as an outside problem that only affects those in foreign countries – that the US represents the pinnacle in allowing complete freedom of speech. Not so, my friends. Not all confidential sources are protected by legal grounds to provide vital information to journalists that are paramount to ensure that the lifeblood of our democracy remains intact, and that is what the federal shield law would do.
A little history about the shield law, and why there is an argument to take it to the federal level. Nathan Siegel, a lawyer by trade, wrote in the Washington Post that journalism goes through a period every approximately every 35 years when the issue of federal media protection arises. In modern times, it began when a Baltimore Sun Reporter named John Morris refused to reveal his sources for an article about bribery of government officials in 1896. In consequence Maryland passed the first state law prohibiting reporter’s confidential sources from being subpoenaed, and thus made it a state rather than federal issue. Following Siegel’s 35 year timeline, more court cases arose surrounding this issue around 1935, and ten more states decided to follow Maryland’s lead and enact a shield law. In the Nixon era, the issue arose once more when the administration demanded information from journalists about certain political organizations under suspicion. In Branzburg vs. Hayes in 1972, four journalists went to the Supreme Court to challenge this action, but lost 5 to 4. Journalists were no longer able to instill confidence in anonymous sources that they could indeed remain anonymous, and they feared jail time for themselves. More cases have arisen since then, most famously that of Judith Miller of the NY Times. Siegel sees this pattern repeating because “it reflects a fundamental conflict between the judiciary and the press that tends to recur whenever a new generation of judges and prosecutors uninfluenced by the memory and lessons of prior conflicts emerges.”
Today, 36 states plus DC have shield laws and four states have some protection for journalists – you can read and learn about each state’s laws here.
So why do we need a federal shield law? I have provided a variety of arguments for and against this law, and will pose some of my own thoughts later on. Siegel, coming from a legal background, takes the angle of the public who he says has spoken out time and time again in favor of a shield law because they believe journalists should not be treated as outlaws. Douglass Lee, another lawyer who wrote the overview for the First Amendment Center about this topic, argues that the lack of uniformity in the different states shield laws and questions as to how they apply in certain national cases are reason enough to have one that applies at the federal level.
Victor E. Schwartz & Phil Goldberg’s argument against a federal shield law prepared for the National Legal Center for the Public Interest is discussed in their “Total immunity without accountability: why the proposed federal media shield bill is out of balance with America’s laws and values.” For them, the problem is that the law would provide immunity to journalists no matter what the situation (except for certain national security instances), and that the definition of journalist that the law employs is too broad. Arguments point to particular problems such as “empowering the paparazzi, inviting invasions of privacy and making it difficult for reporters to be held accountable when they or their “anonymous sources” defame people in their stories.”
While I myself have not yet been in a situation where a source has asked for anonymity based on the information they provide, I have had the opportunity to research the topic for my Missouri grad school application essay and for my Media Ethics course at that institution. While I have read a variety of sources ranging from the 1950′s onwards arguing both for and against the use of anonymous sources, the most interesting challenge to anonymity is the internet as a news source. The internet allows a certain degree of anonymity depending on how much information the person decides they want to reveal, but how do we verify information from an anonymous source on the internet? Do we trust that anonymous source more or less than those used in traditional media? Does the medium even matter? These are certainly some of the many questions facing journalism today as it goes through probably one of its largest metamorphoses as a profession in the past two centuries. There is no doubt that they affect how this shield law is written and will be implemented with the internet fast becoming the main source of news around the globe.
The most recent news is that the federal shield law, which was slated to be discussed by the Senate today, has again been postponed. According to SPJ, the holdup is due to both parties having issues with the law as it affects national security. Please take a look at the law (S. 448) for yourself, and, if decide you agree with its principles, please call your Senator on the Judiciary Committee and encourage them to vote for it – their information can be found here. I believe it is essential for the continuing functioning of democracy in the best sense of the word, but I encourage you to make up your own mind.
As an aside, if you are interested in press freedom issues and censorship, I encourage you to check out the book Censored 2009: The Top 25 Censored Stories of 2007-08 – very interesting stuff.