Time to Eliminate the "Freezing Effect" on Journalism

Speaking of bipartisan reporter shield legislation that would help preserve a free press as the heat wave continued in Washington today, Senator Arlen Specter (R-Penn.) reminded the ACLU membership conference, reporters from around the country and everyone watching C-SPAN that there is actually a chill in the air across our country, a chill that could be diminished if the Senate would pass his bi-partisan compromise reporter shield bill, the Free Flow of Information Act. A similar bill passed the House by an overwhelming vote, securing a veto-proof bill. The ACLU applauded his efforts and, of course, urged him to push even harder for a strong federal shield law.

During the panel entitled, “The War on Terror: An Exchange About Censorship, Surveillance and Guantanamo,” Senator Specter remarked “They call it a chilling effect,” discussing the Bush administration’s tough tactics in dealing with investigative reporters. “I call it a freezing effect.”

Senator Specter stated that his reporter shield bill has already passed the Senate Judiciary Committee and is “ready for action.” Senator Specter not only told conference participants that there is overwhelming support for the bill; he spoke of how he has worked diligently to address a couple of important sticking points.

The first issue is in regard to defining and balancing when the government should be able to invoke national security interests and throw reporters in jail if they refuse to give up their right to protect their sources, a source’s right to be protected and the public’s right to know.

The second issue focuses on defining who is a journalist or reporter. Senator Specter believes his compromise bill addresses these issues in a balanced, considered approach, an approach that — while it is not as strong as the ACLU would like or as weak as the administration would like — is a “compromise.”

Senator Specter acknowledged that no one is going to be completely satisfied with any bill that would actually have a shot at passing–that’s what the compromise is about, finding common ground and balancing all interests. He also promised to continue to work diligently to get the Senate bill passed this Congress.

His words were underscored by those of two highly respected, award-winning journalists.

Pulitzer-prize winning New York Times reporter Jim Risen said for years he didn’t think a shield law was necessary, but today revealed “I believe that’s changed.” Risen, in noting that NYT reporters have been jailed in Zimbabwe and in China in recent years, asked, “What are we saying about our society if we’ve joined the ranks of Zimbabwe and China?” Risen also questioned whether the US government is enabling dictators around the world by jailing American reporters, and by example, indicating that is an acceptable practice here.

Former USA Today reporter Toni Locy, who is facing fines and jail time for refusing to reveal her sources on several post 9/11 stories , offered that she believes journalism, or what is left of it, will be destroyed out of fear of retribution for investigating government programs and keeping the government accountable.

You can help. Send a letter to your Senator asking him or her to support the reporters’ shield bill.

Senator Specter and the panel of journalists also commented on other topics including rendition and the need for the Supreme Court to review executive privilege. Another informative and inspiring panel.