First Amendment Under Fire

Posted on November 19, 2004

Salon reports that journalists are becoming increasingly concerned about the erosion of first amendment rights to freedom of the press. Journalists contend that they have the right to keep a source confidential and 31 states have shield laws which codify those rights. But there is no federal law on the books, and the recent rash of incidents in which reporters are being threatened or thrown in jail has many media professionals concerned.

For example, a television reporter in Rhode Island was convicted of criminal contempt Thursday for refusing to reveal who leaked him an FBI videotape of a politician taking a bribe. Reporters for Time magaine and The New York Times have been held in contempt as part of an investigation into the disclosure of an undercover CIA officer's identity. Senator Chris Dodd (D-Conn.) has introduced a bill under which neither the federal courts, the legislative or executive branches could compel a journalist to provide the source of information, whether or not that person has been promised confidentiality. That right would extend to a journalists' notebooks, photographic negatives and other material.

The bill says a court could force disclosure of news in cases in which it is critical to a legal issue, the information cannot be obtained anywhere else and an overriding public interest exists in the disclosure. Freedom of the press is one of the foundations of a democratic society and the proposed federal shield law would solidify crucial rights, while allowing exceptions for national security situations.