Shield law to protect press
Sen. Chuck Graham says it is important for the first amendment to be protected through a shield law.
Published Feb. 14, 2006
JEFFERSON CITY — A pair of bills proposed in the state legislature soon might help the many current and prospective Columbia journalists in undertaking their chosen profession.
"We've been sending reporters to jail," MU journalism professor Sandy Davidson said. "It gives us a lot more credibility to talk about freedom, especially freedom of the press, when you're not jailing journalists."
A hearing was supposed to take place to discuss two bills — one introduced by Sen. Jason Crowell, R-Cape Girardeau, and the other by Sen. Chuck Graham, D-Columbia — with the Judiciary and Civil & Criminal Jurisprudence Committee Monday night. Before the bills were discussed, committee chairman Sen. Matt Bartle, R-Kansas City, postponed the hearing until Feb. 20 due to the filibuster of a project labor agreement bill.
Graham said it is important for the First Amendment to be protected by a shield law.
"I don't think we should have journalists dragged into court as a primary source of information available otherwise," Graham said. "I think that has a chilling effect on their profession and on the First Amendment."
The bills, which are commonly called shield laws, would grant journalists the freedom from being required to disclose confidential sources and unpublished or unbroadcasted confidential information acquired during the process of putting together reports.
The bills allow prosecutors and plaintiffs to file for the privilege of confidentiality to be waived. The bills also give the conditions of the case and conditions of the information that the court should consider when waiving the privilege of the journalist.
"There needs to be a process set up," said Ted Farnen, Graham's chief of staff. "Right now, orders to reveal sources are very subjective. This bill would set up the presumption that journalists would not have to reveal information unless the state can prove compelling interest to do so."
House Minority Leader Jeff Harris, D-Columbia, said he didn't know about the specifics of the bills, but he agrees with the bill in principle to protect First Amendment rights.
Graham said the similarities between the bills would force him and Crowell to cooperate.
"There is not much difference, except regarding libel and slander," Graham said. "I'll be working very closely with Senator Crowell on this issue."
Crowell also commented on the benefits of a shield law.
"I think my bill will give a balanced protection to reporters to help disseminate information to the general public," Crowell said.
Davidson outlined some criteria for what would make a useful shield law and said the definition of a journalist needs to be broad to protect as many forms of journalism as possible.
"You need protections for freelancers, not just 'card-carrying' journalists working full-time for news outlets," she said.
Davidson stopped short of saying that Internet bloggers need similar protections. She said that might make the definition too broad.
"Virtually anyone can fall into that category," Davidson said. "Then it's not just a privilege for journalists but for anyone who wants to put their writings out there in the public."
Davidson said another criterion would be making the law applicable to legislative hearings as well as grand jury hearings and that the law should cover confidential information as well as confidential sources. The bills cover any state and federal proceeding.