This isn't the first time U.S. Sen. Dick Lugar, R-Ind., has proposed federal media shield legislation, but it should be the last -- because Congress should see the wisdom this time of agreeing with Lugar.
The Free Flow of Information Act, S. 448, would grant legal protection to reporters who seek to protect the identity of their sources.
It is an important protection not just for reporters and their anonymous sources but also for democracy itself.
A properly functioning democracy requires watchdogs to be aggressive, not passive. Without this protection, reporters seeking to protect whistleblowers' identity could -- and have been -- jailed.
U.S. Sens. Arlen Specter, R-Pa., is the bill's sponsor. Cosponsors includes Lugar, Chuck Schumer, D-N.Y.; and Lindsey Graham, R-S.C.
In general, reporters would be free to withhold from federal courts, prosecutors and other entities any information from confidential sources or obtained under a promise of confidentiality.
The compromise legislation provides a host of exceptions: To protect national security, prevent an act of terrorism or stop a kidnapping or a crime that could lead to death or physical injury.
Lugar, ever the statesman, said in announcing S. 448, "This legislation confirms America's constitutional commitment to press freedom and advances our foreign policy initiatives to promote and protect democracy."
Without assurance that reporters will be able to protect them, whistleblowers will be reluctant to come forward, and government abuses could continue unabated.
State shield laws already exist, and Indiana has a strong one. But federal protection is needed as well.
Congress should protect democracy by enacting S. 448.









