Locy, of course, has been granted a stay from another court as she appeals this outrageous punishment. Unfortunately, her case is now just one of many in which a federal authority sought to jail or fine journalists who refuse to jeopardize the unnamed sources they rely on to blow the doors of federal corruption and incompetence wide open.
As you can imagine, these kind of threats can have a chilling effect on investigative journalism. Sometimes, sources risk their jobs or even their very lives in talking to reporters about things our government doesn't necessarily want the public to know. If the journalists they talk to are forced to name names, they are the ones who suffer for it.
That is why nearly every state in the nation offers protection to reporters in the form of “shield laws.” And why there is currently a strong, bipartisan effort under way to make this protection the law of the land.
The Free Flow of Information Act would limit the ability of federal authorities to jail journalists who refuse to disclose confidential sources - within reason. Please understand that it would not excuse reporters from naming their sources and providing confidential information when that information was deemed necessary, by a federal judge, to prevent acts of violence. Nor would it be used to keep secret information of importance to national security. In fact, reporters could still be required to share undisclosed information if the information was necessary to investigate or prosecute a leak of classified information, or if it involved federally protected medical records or trade secrets.
But it would prevent federal prosecutors from jailing journalists merely for reporting stories that bring unflattering or embarrassing situations to light - situations like the conditions at Walter Reed Medical Center, like the accounting fraud at Enron, like the infamous Watergate scandal that led to the resignation of President Nixon. All of these stories and more depended on confidential sources to launch an investigation by news reporters.
The Free Flow of Information Act was first introduced in the Senate in May 2006. An overwhelming majority of Senate Judiciary Committee members approved it. Now, it awaits a vote on the Senate floor.
In the meantime, Montana Attorney General Mike McGrath has joined 30 others attorneys general in agreeing to sign on to a formal request organized by the National Association of Attorneys General urging the Senate to pass the bill. The association notes that similar legislation has already sailed through the House with the support of nearly 400 representatives - including Montana Rep. Denny Rehberg.
The free flow of information is vital to any democracy. We cast our votes based on what we know, and journalists are charged - for better or worse - with making sure you have access to all the information you need to make good decisions.
What you choose to do with that access and information is up to you. The Free Flow of Information Act, once it finally becomes law, will help ensure that the stream of public information remains unfettered, deep and wide - and calling for you to come dive in.
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