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Struggling to Report: The Fight for a Federal Shield Law

Contribute to the Campaign | A Message from SPJ President Kevin Smith
History of the Federal Shield Law | Journalism Organizations that Support a Federal Shield Law

The proposed Free Flow of Information Act, also known as the federal shield law, protects journalists from having to reveal their sources and documents. The law, if enacted, maintains vital information for citizens and ensures journalists and confidential informants won’t be silenced due to the threat of federal prosecution or subpoena.

Under the proposed law, the federal government must prove to a judge that the information sought outweighs the journalist’s need to keep confidential information.

For too long, journalists have been prosecuted and incarcerated for refusing to hand over source names and information they have gathered while on the job. Many have lost countless dollars and resources fighting the battle. Others have lost days of their lives in jail.

The Society of Professional Journalists, with other news organizations and press advocates, strongly encourages the passage of this law and will continue to push for its approval.

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A Message from SPJ President Kevin Smith

Imagine a story that uncovers steroid use in professional baseball. Think about one that reveals a federal regulatory agency asleep at the switch when the largest oil spill in American history is playing out in the Gulf of Mexico. Consider a journalism report that shows spending abuse of tax dollars at the highest levels of the military.

For good measure, think historically — Watergate.

What do all of these stories have in common, besides informing a deserving public and altering public policy? They were all written with the assistance of an anonymous source, a source given protection that was honored by the press for the good of the story and the American people.

Imagine now what happens when the federal government plays fast and loose with press protection laws and these journalists, who should be working on their next investigative pieces, are instead in courtrooms fighting to stay out of jail, threatened for their reluctance to tell prosecutors and judges who gave them information for the story.

The Free Flow of Information Act, Senate Bill 448, currently under consideration in the U.S. Senate, makes it tougher on federal prosecutors to reach out, intimidate and promote punishment of journalists who won’t play by their rules. It protects journalists from jail, sources from being outed and the American people from having valued stories untold.

That is why journalism organizations like the Society of Professional Journalists are fighting harder than ever to make sure stories don’t die before they’re written, killed off by the specter of federal subpoenas. Stifling the press through legal strong-arm tactics has become a common practice, reaching levels well over 3,000 a year. Clearly, this has to stop. SPJ has been a proponent of this protective legislation for more than five years and our efforts won’t stop.

Approval by the Senate and with a House compromise could provide us with the federal law journalists, their sources and the public so desperately need. We are closer to landmark legislation than we’ve ever been. Anyone who believes that an unfettered press is a capstone to our many cherished freedoms will want to stand behind this legislation.

When sources can come forth without fear of reprisal to share information with the media, when the press can report on important issues at the highest levels of government without fear of incarceration and when the American people can once more be guaranteed its officials are accountable to them, the Free Flow of Information Act becomes a necessary instrument in the preservation of democracy.

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Contribute to the Federal Shield Law Campaign

In the last year, SPJ raised $30,000 to support a campaign for the passage of a federal shield law for journalists. The work to ensure passage of such a law is ongoing. Please join the Society in this effort.

To make a contribution using a credit or debit card, call SPJ today at 317-927-8000 ext. 200. Note that you would like to make a contribution to SPJ's Federal Shield Law Campaign.

To contribute by check, make the check payable to SPJ. In the "for" section of the check, clearly print "Federal Shield Law Fund." Mail checks to:

Society of Professional Journalists
3909 N. Meridian St.
Indianapolis, IN 46208

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History of the Federal Shield Law

• December 10, 2009: SPJ celebrates passage of shield law bill from committee
• November 4, 2009: SPJ supports shield law compromise
• October 6, 2009: SPJ President criticizes federal shield law changes in editorial
• October 2, 2009: SPJ is outraged by Obama administration changes to shield law bill
• September 17, 2009: SPJ encourages Committee to move quickly on federal shield law
• April 1, 2009: Shield law passes House, shifts focus to less-certain Senate
• February 11, 2009: SPJ encourages journalists to support shield law after intro in Congress
• August 11, 2008: Opponents to shield law off target
• July 31, 2008: SPJ disappointed that shield law stalls in Senate
• July 10, 2008: SPJ leaders take Shield Law case to the Hill
• October 5, 2007: Panel debates need for fed shield law that would protect journalists, sources
• October 4, 2007: SPJ leaders elated over shield law’s passing by Senate Judiciary Committee
• August 1, 2007: SPJ commends committee’s approval of federal shield law
• May 18, 2006: SPJ gives support to Federal Shield Law legislation

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Journalism Organizations that Support a Federal Shield Law

• Society of Professional Journalists
• American Society of Newspaper Editors
• American Federation of Television and Radio Artists
• Asian American Journalists Association
• Associated Press Managing Editors
• Investigative Reporters and Editors
• National Association of Black Journalists
• National Association of Hispanic Journalists
• National Press Photographers Association
• Newspaper Association of America
• The Newspaper Guild
• New York Financial Writers Association
• Reporters Committee for Freedom of the Press
• Radio Television Digital News Association
• UNITY: Journalists of Color