Dear Member:

After nearly five years of effort, we are very close to finally having a federal media shield bill enacted into law. The House of Representatives passed its version in March of this year (H.R. 985) and the Senate sponsors (Sens. Charles Schumer and Arlen Specter) reached an agreement on a compromise bill (S. 448) with the Obama Administration two weeks ago. The Administration formally outlined its support of the compromise bill in a letter by Attorney General Eric Holder and Director of National Intelligence Dennis Blair sent to the Senate Judiciary Committee on Nov. 4.

We need your help! Much work remains to be done in the Senate as some senators may try to block consideration of the bill in the Judiciary Committee.

The Senate Judiciary Committee is expected to consider the compromise bill on Thursday, Nov. 19. While we believe there are enough votes to pass the compromise bill out of the Committee, we are expecting that some Republicans on the Committee will throw up procedural roadblocks to delay a final vote on the bill.

We ask that you please call or fax your senator on the Judiciary Committee before Nov. 19 to encourage them to support the bill, and to encourage their colleagues on the Committee to allow an up-or-down vote on the legislation.

A list of the Senate Judiciary Committee members can be found here.

Talking points for your correspondence:

•    After nearly five years of effort, I understand that the Senate Judiciary Committee will consider a federal media shield bill on Nov. 19.

•    I understand that the bill is a carefully crafted compromise between the Senate sponsors, Obama Administration, and a broad coalition of media and journalism organizations.

•    I believe that this bill is critical because clear standards are needed to guide judges in deciding when a reporter may be compelled to testify in federal court and when the reporter may protect the identity of a confidential source.

•    The compromise bill is fair and reasonable. It would protect the public’s right to know by providing strong protections for journalists and their confidential sources in criminal and civil cases, while enabling law enforcement officials to get the information they need to investigate and prosecute crimes and keep our nation secure.

•    Significant concessions were made over the past five years to address senators’ concerns about national security. For example, the bill’s national security exception does not include a requirement that the government first exhaust alternative sources of information before seeking testimony from a reporter. Nor is there a public interest balancing test when the government is seeking information to prevent a terrorist attack or other significant harm to national security.

•    The media did not get everything they wanted in the bill. But the compromise legislation is well-balanced and enables reporters to protect confidential sources in certain situations. This will go far in helping members of the media who continue to receive hundreds of subpoenas year after year.

•    I hope you will support the compromise bill when the Judiciary Committee considers it on November 19, and that you will resist any amendments that would weaken the protections in the bill and undermine its objectives.

•    Further, I understand that some senators on the Committee who are opposed to the bill may try to delay its consideration. I ask that you do whatever you can to encourage your colleagues to allow an up-or-down vote on the bill on November 19 – even if they are opposed to the bill. I hope that you agree it is time for the legislative process to move forward.