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Editorial: Shield law defends public’s right to facts (Aug. 11)

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We've taken our share of potshots at Oregon's U.S. senators, so it seems fair to give them a stroke or two whenever warranted.

Here's one: Both Gordon Smith and Ron Wyden recently cast votes in support of Senate Bill 2035, the so-called "Free Flow of Information Act."

This is the bill to create a limited "shield" for news reporters asked to testify about certain information or sources of information obtained during newsgathering. Many states (including Oregon) have similar laws, but there is no federal shield law.

Such a shield can be important to reassure whistleblowers who want to call a reporter's attention to wrongdoing. In many cases, whistleblowers could face retribution if they were identified or if reporters were compelled by a court to reveal their sources.

The current bill in the Senate would not create unlimited immunity for journalists, who increasingly face pressure to reveal their sources. (In some cases, of course, journalists have been jailed for refusing to do so.)

Under the measure, a reporter can be compelled to reveal the identity of a confidential source if such disclosure is necessary to prevent an act of terrorism against the United States or to prevent some other significant harm to national security.

The congressional standoff over energy policy helped to at least temporarily derail the Free Flow of Information Act. During the waning days before the summer recess, a move to bring the act up for debate on the Senate floor got just 51 votes, fewer than the 60 votes necessary. Republicans argued that energy legislation should be enacted before the Senate moved on to other matters.

Nevertheless, both Smith and Wyden voted in favor of bringing the act to the Senate floor. In fact, Smith was one of just five Republicans to vote yes on the motion to proceed. (The Bush administration has consistently opposed the measure.)

Now, the bill takes its place in the growing pile of legislation the 110th Congress will have to consider before it adjourns, most likely in late September or October. Nevertheless, press advocates who are tracking the bill say it has a reasonable shot at passing. (A somewhat different version of the bill already has passed the House of Representatives.)

We hope that the act doesn't again get sidetracked during the hectic final weeks of the session. And we call on both Smith and Wyden to continue their support of the measure.

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