After passing the U.S. House of Representatives with overwhelming support in October, the Senate equivalent, S. 2035, the Free Flow of Information Act, awaits full Senate passage following October approval in the Judiciary Committee. The legislation would provide federal protection for reporters’ confidential sources, by providing a clear and uniform standard regarding compelled disclosure by journalists of their confidential sources. As has been seen by the actions taken against USA Today reporter Tony Locy in the case of Dr. Steven Hatfill, a failure to pass this legislation will have a chilling effect on journalists.
Over the course of the last year, this bill has been modified to address the concerns of the Bush Administration and others, such as Senator Kyl (R-AZ). The qualified privilege it provides has appropriate exceptions for national security, personal safety, and law enforcement reasons. MPA, in conjunction with a number of organizations, has aggressively lobbied for passage of this legislation. Despite this, the vehement objection of a small number of Senators, combined with the packed legislative agenda, has put the legislation’s fate in jeopardy.
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