WASHINGTON | Indiana lawmakers are leading the way in a renewed push for a federal shield law that would protect journalists and their confidential sources.
In twin bills introduced Wednesday, Sen. Dick Lugar, R-Ind., and Rep. Mike Pence, R-Ind., offered a "qualified privilege," requiring prosecutors to exhaust all other possibilities before forcing journalists to divulge confidential sources.
Thirty-one states, including Indiana, have media shield laws, and courts in another 18 states have recognized a journalist's right to protect sources. But no federal law protects reporters from being forced to disclose sources in cases that involve federal authorities.
The Free Flow bill, first introduced in 2005, has been modified to address concerns of critics.
Lugar's Senate bill is co-sponsored by Chris Dodd, the Connecticut Democrat and a presidential contender, demonstrating the bipartisan support for a federal shield law. Advocates say it serves the public interest by guarding journalism's role in democracy.
"As a conservative who believes in limited government, I realize the only check on governmental power in real time is a free press," Pence said.
In a statement, Lugar said that "without the promise of confidentiality, many important conduits of information about our government will be shut down."
The Bush administration and the Justice Department opposed early versions of the shield bill, saying it prohibited the government from obtaining information even in urgent circumstances affecting public safety or national security.
To address those concerns, the redrawn bill does not protect journalists in cases when the withheld information is critical to prevent death, harm to national security or illegal disclosure of trade secrets.
"We've worked with the parties involved to reach a reasonable compromise," Lugar spokesman Mark Hayes said of the changes.
Jonas Bjork, a journalism professor at Indiana University, said making trade-offs to get a federal shield law passed is better than the alternative.
"It's always better to have a shield law than not to have one," he said. "Otherwise, there's no Supreme Court support of a reporter's right to confidentiality."
Lugar and Pence proposed similar legislation two years ago, and Lugar resubmitted his bill last May. None of those attempts moved past the committee approval process.
In addition to the bill's modifications this year, Pence said the newfound support of Rep. John Conyers, D-Mich., chairman of the House judiciary committee, has improved its chances of passing the House.
President Bush, however, remains opposed.
