While the stimulus debate consumes all attention, a bill
to enhance journalists' rights has been introduced in Congress.
The bill was passed the House last year but failed to be picked
up by the Senate. Even had it passed, President Bush said he would have vetoed
the law that requires the government to demonstrate a "preponderance" of
evidence to compel journalists to testify or produce documents. Then-attorney
general Michael Mukasey argued that the law set the bar too high for federal
prosecutors investigating illegal leaks of classified information.
However, the Obama administration seems more inclined to
support the bill. Obama co-sponsored the failed Senate bill last year and
Attorney General Holder said he's in favor of a shield law during his
confirmation hearing.
It's not entirely clear whether bloggers would be covered
by the law. The law protects those who are journalists, defined as those who
gather, prepare, collect, photograph, read, write, edit, report or publish news
for their "livelihood or for substantial financial gain and includes a
supervisor, employer, parent, subsidiary, or affiliate of such covered person."
The prosecution of a journalist in federal court isn't
hypothetical: this week a Detroit Free Press reporter was threatened with
contempt of court by a U.S. District judge for not revealing confidential
sources within the Justice Department. A former federal prosecutor is suing DoJ
for illegally leaking the fact he was under internal investigation. Reporter
David Ashenfelter could face fines of $5,000 per day if he continues to hold
out.
