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Congress Moves Forward on Media Shield Law
Alex Kingsbury
Media Shield Law would prevent journalists from having to reveal confidential sources in federal court trials
Legislation designed to protect journalists' confidential sources from being exposed in open court is progressing toward becoming law as the
The new law would apply only to the federal courts. Because the federal bench hears high-profile national security cases, like the proceedings over the outing of CIA officer
A significant compromise in the legislation is a proposed balancing test, permitting a judge to weigh the merits of each side before compelling testimony. In some cases, where the government can demonstrate that a terrorist attack is imminent, for instance, there would be no balancing test and the reporter would have to disclose the information. Democratic Sen.
Far more cases involving the subpoenaing of journalists occur in state courts because they vastly outnumber federal courts. The
The new federal law would offer journalists appearing in federal courts less protection than these existing state-level laws. "Even with its limited protections, something is better than nothing," says
The media landscape has shifted dramatically as traditional outlets have shed staff and shifted to digitally oriented business models. The Internet also has created legions of citizen journalists who might not gather news as their sole means of employment but nonetheless play a major role in the public debate. Under the
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Congress Moves Forward on Media Shield Law | Alex Kingsbury
(c) 2009 U.S. News & World Report