Media shield act leaves most bloggers unprotected from government intimidation, moves on to the full Senate

By Sari Horwitz, Thursday, September 12, 1:35 PM E-mail the writer

A Senate panel on Thursday backed legislation that would offer protections to a broad variety of journalists who do not want to divulge their confidential sources of information.The key point of debate over the bill, which was advanced by the Senate Judiciary Committee by a 13 to 5 vote, had been the definition of a journalist.

Although some members had pressed for a narrower definition, the version to be debated on the Senate floor will cover journalists who had an “employment relationship” for one year within the past 20 years, or three months within the past five years, and someone with a “substantial track record” of freelancing in the past five years.

Student journalists are covered under the media shield legislation, as are individuals “whom a federal judge has decided should be able to avail him or herself of the protections of the privilege, consistent with the interests of justice and the protection of lawful and legitimate newsgathering activities.”

Groups such as WikiLeaks, which are not considered news outlets under the bill, would not be protected, according to congressional staffers. They said agreement on the bill was a compromise between Sens. Charles E. Schumer (D-N.Y.), who had proposed a broader definition, and Dianne Feinstein (D-Calif.) and Richard J. Durbin (D-Ill.), who had proposed a narrower one.

“This legislation ensures that the tough investigative journalism that holds government accountable will be able to thrive,” Schumer said in a statement. “I’m hopeful that both parties can come together and pass it quickly on the Senate floor.”

In the spring, President Obama urged Congress to pass a media shield law, especially in light of criticism that the Justice Department had been too aggressive in pursuing leak investigations and was infringing on press freedom.

After several high-profile investigations of reporters and their confidential sources, Attorney General Eric H. Holder Jr. in July tightened the ability of prosecutors to subpoena journalists’ phone and other records.

via Media shield act moves on to the full Senate – The Washington Post.