WASHINGTON -- Spurred by the case of Rhode Island newsman Jim Taricani
and other judicial efforts to expose reporters' confidential sources,
Sen. Christopher J. Dodd today introduced a federal shield law for
journalists.
The Connecticut Democrat's measure, modeled after a shield law in the
District of Columbia, is intended to protect individuals and
organizations involved in gathering and disseminating news "from being
hauled into federal court and forced to disclose their sources or other
unpublished information,'' according to a statement issued this
afternoon by Dodd's office.
"Democracy is premised on an informed citizenry,'' Dodd said at a
Capitol Hill news conference today. ``A free press is the best guarantee
of a knowledgeable citizenry.''
Journalists contend the First Amendment, which established freedom of
the press, gives reporters the right not to divulge their sources.
Although 31 states, including Rhode Island, also have such laws on the
books, Congress has never enacted a federal shield law.
Under Dodd's bill, the federal courts, legislative or executive branch
could not compel a journalist to provide the source of information,
regardless of whether that person has been promised confidentiality.
That right would extend to a journalists' notebooks, photographic
negatives and other material.
The bill says a court could force disclosure of news in cases in which
it is critical to a legal issue, the information cannot be obtained
anywhere else and an overriding public interest exists in the disclosure.
In theory, Dodd's measure would cover a case such as that of Taricani,
an investigative reporter for NBC affiliate Channel 10, who was
convicted yesterday of criminal contempt of court. He now faces a
possible prison sentence for refusing to say who leaked him an FBI
surveillance videotape in violation of a court order.
Taricani, 55, is one of several journalists nationwide who are locked in
First Amendment battles with the government over confidential sources.
As a practical matter, Dodd's bill will not help Taricani. The Senate is
expected to adjourn today or tomorrow, so the bill will not move during
this Congress.
But Lucy Dalglish, executive director of the Reporters Committee for
Freedom of the Press, said Dodd's measure will serve as "a place
setter'' for a sustained effort to enact a federal shield law during the
Congress that will begin in January.
Dalglish said enactment of a federal shield law will be a challenge:
``To be honest, previous efforts to get federal shield laws during the
1970s and 1980s failed because the media could not agree on what they
wanted.''
Dodd's office said he is acting ``in response to recent reports in which
the press has come under intense pressure to reveal the identity of
their confidential sources.''
Several organizations that represent journalists said they will go to
Congress to ask for a federal shield law that would protect reporters
from having to name their sources after a local reporter was convicted
of criminal contempt.
"It is time for a federal shield law to protect reporters like Jim and
those facing contempt of court rulings in other ongoing investigations,"
said a statement from Radio-Television News Directors Association. The
organization said it would join others in asking the next Congress for
such protection.
Dodd, the lone sponsor of the measure, promised to reintroduce it when a
new Congress begins in January. He voiced optimism about gaining the
support of Republicans and Democrats, noting that several states with
shield laws are conservative, GOP-leaning states.
John Sturm, president of the Newspaper Association of America, endorsed
the legislation, saying it would allow journalists to do their jobs
without fear of penalty.
The New England Society of Newspaper Editors also issued a statement
calling for a federal shield law.
Yesterday, Taricani called the verdict an "assault on journalistic
freedom" and said he never thought he would have to serve time for doing
his job.
"No reporter should have to pay such a terribly high price for honestly
and legally reporting the news," his station, WJAR, said.
The tape was part of the evidence gathered in an investigation into
corruption at Providence City Hall under former Mayor Vincent A. Cianci
Jr. It showed a top city official, Frank Corrente, taking a $1,000 cash
bribe from a local businessman acting as an undercover agent for the FBI.
The tape was aired on Channel 10 before it was shown in court during the
ensuing trial of Cianci and his co-defendants on corruption charges.
Cianci and Corrente were later convicted and are now serving federal
jail terms.
U.S. District Judge Ernest C. Torres stressed during yesterday's hearing
that Taricani wasn't in trouble for airing the tape, but for refusing to
tell a special prosecutor who had given it to him.
Taricani said he promised his source he would keep his or her identity
confidential.
Torres has scheduled sentencing for Dec. 9, when Taricani faces the
possibility of six months in prison.
-- With Associated Press reports
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