Dear RTDNA Member,

For years, the Radio Television Digital News Association has been part of a broad coalition visiting Capitol Hill to educate members of the House and Senate about the need for a federal shield law.  We have made significant progress.  The Free Flow of Information has been passed by the House of Representatives, was voted out of the Senate Judiciary Committee in March after lengthy debate, and today awaits action by the full Senate.  NOW IS THE TIME FOR YOU TO ACT.  We need the 111th Congress to pass the Free Flow of Information Act (S. 448) before the legislative session draws to a close. 

The federal shield law would protect journalists from having to reveal their confidential sources and documents, and would ensure that information vital to an informed citizenry will not be silenced or otherwise withheld because of the threat of federal prosecution or subpoena.  Essentially, the shield law would prohibit prosecutors from forcing a journalist to reveal a source when a court determines that the need for the source’s identity is outweighed by the public’s interest in the free flow of information. 

The legislation has been thoroughly vetted and has bipartisan support, including from the Obama Administration and the Department of Justice.  We need to bring it across the finish line.  RTDNA members can help TODAY by contacting the following key Senators to ask them to vote for “cloture,” which means debate on the bill will come to a close, and it can be brought to the Senate floor: 

Sen. Lisa Murkowski (AK)
Sen. Richard Shelby (AL)
Sen. George LeMieux (FL)
Sen. Johnny Isakson (GA)
Sen. Charles/Chuck Grassley (IA)
Sen. Richard Lugar (IN)
Sen. Scott Brown (MA)
Sen. Olympia Snowe (ME)
Sen. Susan Collins (ME)
Sen. Richard Burr (NC)
Sen. George Voinovich (OH)
Sen. Lindsey Graham (SC)
Sen. Jim DeMint (SC)
Sen. Bob Corker (TN)
Sen. Lamar Alexander (TN)
Sen. Orrin Hatch (UT)
Sen. Robert Bennett (UT)

In addition, RTDNA encourages members to meet with Senators while lawmakers are home during the August recess, to make phone calls, craft editorials, and send letters urging passage of the Free Flow of Information Act.  Members should also contact Senators Harry Reid, Chuck Schumer, Lindsey Graham and Dick Lugar to thank them for their continued support of the Free Flow of Information Act and to ask them to do whatever they can to bring the bill to the Senate floor for a vote in September. 

The following talking points may help you in discussions with federal representatives:

•    The legislation is supported by over 70 media companies and journalism organizations.

•    Journalists continue to be pressed to reveal the identity of sources who have been promised confidentiality.

•    Senate action is needed to protect the public’s right to know by enabling journalists − in limited circumstances − to protect the identities of confidential sources so that government and corporate whistleblowers will come forward to identify waste, fraud and other wrongdoing.

•    A federal shield law would not create procedural hurdles for the government when seeking information in an investigation or prosecution. A federal shield law would harmonize the law across all federal jurisdictions, creating consistent and clear rules for judges, prosecutors, civil litigants, journalists, and – most importantly – for potential sources.

•    The legislation would provide robust protection for national security. S. 448 has been modified considerably over the past six years to address national security concerns. The bill contains extremely broad exceptions when the government seeks information that could thwart a terrorist attack or otherwise prevent harm to national security.

•    A federal shield law would not encourage more government leaks. With clear guidelines for when a journalist can and cannot protect a source, it is likely that media entities will withhold publication of confidential information unless it is clear that the public interest would be served. 

•    Republicans and Democrats alike recognize the importance of a vibrant, free press in our democratic society. This bipartisan legislation supports the principle that a free and democratic society cannot survive without an informed citizenry. It is time for the Senate to act on this long overdue legislation.

We may never have a better opportunity to see that journalists are protected from imprisonment, preserving anonymous sources, ensuring accountability and transparency in our government, or making sure that stories of importance are told.  Please let your voice be heard.

With Best Regards,

Mark Kraham, RTDNA Chairman & Kathy Kirby, Partner, Wiley Rein LLP