Talking Points H.R. 2102 “Free Flow of Information Act of 2007”

I understand H.R. 2102, the Free Flow of Information Act, was approved by the House Judiciary Committee this summer and is now scheduled for a floor vote on Tuesday, October 16. This bill would protect the public’s right to know, while at the same time honoring the public interest in having reporters testify in certain circumstances.
While news organizations prefer to have their sources on-the-record whenever possible, there are times when sources will not come forward without the promise of confidentiality. Groundbreaking stories − such as conditions at Walter Reed Medical Center, the Enron scandal and steroid abuse in Major League Baseball − would not have been known to the public – or to the Congress – without confidential sources.
Over the last few years, more than 40 reporters and media organizations have been subpoenaed or questioned about their confidential sources, their notes, and their work product in criminal and civil cases in federal court. The need for this legislation was underscored when, on August 13, a federal judge ordered five more reporters from major news organizations to reveal their confidential sources in the privacy lawsuit filed by Dr. Steven Hatfill against the federal government.
If sources – including government and private sector whistleblowers – are uncertain whether reporters have adequate protection, they will not come forward and the public dialogue on important issues will diminish.
While 49 states and the District of Columbia recognize a reporter’s privilege through statute or common law, no uniform federal standard exists to govern when testimony can be sought from reporters.
We understand that the sponsors of H.R. 2102 have made reasonable concessions and changed the legislation to address national security and business interests concerns expressed by Members. Last week, the Senate Judiciary Committee approved S. 2039, a similar bill by a 15 to 4. The House sponsors have incorporated some of the Senate language into H.R. 2102 to strengthen provisions concerning national security and the definition of a journalist.
Journalists should be the last resort – not the first stop – for civil litigants and prosecutors attempting to obtain the identity of confidential sources.
I urge you to vote “YES” when H.R. 2102 is brought up on the House floor for a vote and vote “NO” on any amendments that would weaken the bill.