Last week, 42 state attorneys general lended their support of the Free Flow of Information Act (S. 2035), which would create a qualified federal shield law. A letter, signed Wednesday by 41 state AGs, will be sent to Senate Majority Leader Harry Reid, D-Nev., and Minority Leader Mitch McConnell, R-Ky. Texas Attorney General Greg Abbott wrote separately to endorse the bill, which passed the House of Representatives by a 398-21 vote, cleared the Senate Judiciary Committee 15-4 but has not yet been scheduled for a floor vote in the Senate.
The bill has been stalled for eight months. Hopefully, the overwhelming support from state attorneys general will nudge it toward a Senate vote. The AGs deserve praise for their endorsement of the legislation, which protects reporters from being forced to reveal confidential sources. Reporters in 49 states and the District of Columbia are protected by statute or legal precedent, but they are not covered in federal courts that have become increasingly aggressive in using jail terms and fines to force journalists to reveal sources.
Unfortunately, Wisconsin Attorney General J.B. Van Hollen was not among those supporting the legislation. Despite the urgings of Wisconsin Newspaper Association, Van Hollen declined to sign the letter to the Senate leaders. Van Hollen's reasoning, according to WNA Executive Director Peter Fox, was that Wisconsin has nothing unique to contribute to the discussion, and there is no pressing reason affecting state residents that compel him to act. Fox points out Van Hollen previously has indicated an unwillingness to inject himself into state legislative matters, so there is some consistency in his decision not to sign on in support of a federal shield law.
Still, it's disappointing that Van Hollen couldn't recognize the importance of a federal shield law - as 42 of his peers did. His support of a free and open media continues to be on shaky ground.
The bill has been stalled for eight months. Hopefully, the overwhelming support from state attorneys general will nudge it toward a Senate vote. The AGs deserve praise for their endorsement of the legislation, which protects reporters from being forced to reveal confidential sources. Reporters in 49 states and the District of Columbia are protected by statute or legal precedent, but they are not covered in federal courts that have become increasingly aggressive in using jail terms and fines to force journalists to reveal sources.
Unfortunately, Wisconsin Attorney General J.B. Van Hollen was not among those supporting the legislation. Despite the urgings of Wisconsin Newspaper Association, Van Hollen declined to sign the letter to the Senate leaders. Van Hollen's reasoning, according to WNA Executive Director Peter Fox, was that Wisconsin has nothing unique to contribute to the discussion, and there is no pressing reason affecting state residents that compel him to act. Fox points out Van Hollen previously has indicated an unwillingness to inject himself into state legislative matters, so there is some consistency in his decision not to sign on in support of a federal shield law.
Still, it's disappointing that Van Hollen couldn't recognize the importance of a federal shield law - as 42 of his peers did. His support of a free and open media continues to be on shaky ground.
