Movement Toward A National Press Shield Law

Two proposed bills would provide additional protection not only to reporters, but also to their sources. Any company spokesperson or defense lawyer who speaks to a reporter has a modest vested interest in the passage of the Free Flow of Information Act of 2013.

If you've picked up the paper recently or tuned into 24-hour cable, you've likely come across a story or two on President Obama's push for the U.S. Congress to pass a federal press shield law. The news may seem like it only pertains to members of the Fourth Estate, but the proposed legislation might have a protective impact on any business person or lawyer who talks to a reporter or news organization—even on background.

Just two months ago, there appeared real momentum for the passage of a federal press shield law by Congress as a result of widespread bipartisan criticism of the U.S. Department of Justice (DOJ). In the wake of the disclosures that the DOJ legally obtained the e-mails of a Fox News reporter and used the DOJ's subpoena power to obtain calling records of Associated Press reporters, the White House began pushing forward with its support of legislation that would provide greater protections to reporters in keeping their sources and communications confidential. At the public urging of President Obama, Senator Charles Schumer reintroduced a version of a bill that he had pushed in 2009 called the Free Flow of Information Act. Hours later, Representative John Conyers of Michigan, the top Democrat on the House Judiciary Committee, said he would reintroduce his version of the bill too, noting that the legislation passed the House twice when it was under Democratic control. Two separate versions of the bill—Senate Bill 987 and House Resolution 1962—are now working their way through the House of Representatives and the Senate.

But quicker than you can say "Edward Snowden," the momentum for both bills appears to have stalled. In the same way that the WikiLeaks disclosures derailed the shield law bill's likely passage in the Senate in 2010, a furor has developed in Congress over the Snowden revelations. In addition, at least one important member of the House, former Homeland Security Committee Chairman Peter King, has even suggested that the reporter who broke the Snowden story ought to be prosecuted for publishing the leaks.

While the 2009 iteration of the federal shield law bill would give reporters greater protection from having to reveal their sources and would keep their...