Tuesday, August 10, 2010

The Free Flow of Information Act, Media Shield Laws and Wikileaks

Wikileaks, and its ongoing drive to release as much information as possible to the public, has led members of the Senate to modify a bill introduced last year: H.R. 985: The Free Flow of Information Act. The law would be the first federal media shield law, which would provide protection for journalists who wish to keep their sources confidential. Under the law

... federal judges could quash subpoenas demanding testimony or information from reporters if the judges determined that the public interest in news gathering outweighed the need to uncover the source of a leak, including, in some circumstances, unauthorized disclosure of classified government information.


Protection under the so-called shield law would also be extended to unpaid bloggers engaged in gathering and disseminating news.
Perhaps not for wikileaks however.

For 2301: Think about not only freedom of the press, but how the courts balance civil liberties against the greater interest of society

For 2302: This is an example of the bill making process, and also the ability of Congress to design the judiciary.