Senate Floor Statement of Senator Lugar Lugar Floor Statement on the Media Shield Bill Thursday, May 18, 2006 U.S. Sen. Dick Lugar made the following statement on the floor of the Senate today upon introducing an updated version of the Free Flow of Information Act. This bill is similar to one introduced in the House of Representatives by Reps. Mike Pence (R-IN) and Rick Boucher (D-VA). A copy of the bill is available at http://lugar.senate.gov/reports/Free_Flow_of_Information_Act_5-18-06.pdf. Mr. President, I am pleased to join my good friends and colleagues Senator Specter and Senator Dodd in introducing a revised version of the Free Flow of Information Act. I believe that the free flow of information is an essential element of democracy. In order for the United States to foster the spread of freedom and democracy globally, it is incumbent that we first support an open and free press nationally. The role of the media as a conduit between government and the citizens it serves must not be devalued. Unfortunately, the free flow of information to citizens of the United States is inhibited. Over thirty reporters were recently served or threatened with jail sentences in at least four different Federal jurisdictions for refusing to reveal confidential sources. I fear the end result of such actions is that many whistleblowers will refuse to come forward and reporters will be unable to provide our constituents with information they have a right to know. In 1972, the Supreme Court held in Branzburg v. Hayes, that reporters did not have an absolute privilege as third party witnesses to protect their sources from prosecutors. Since Branzburg, every state and the District of Columbia, excluding Wyoming, has created a privilege for reporters not to reveal their confidential sources. My own state of Indiana provides qualified reporters an absolute protection from having to reveal any such information in court. The federal courts of appeals, however, have an incongruent view of this matter. Each circuit has addressed the question of the privilege in a different manner. Some circuits allow the privilege in one category of cases, while others, have expressed skepticism about whether any privilege exists at all. Congress should clarify the extraordinary differences of opinion in the federal courts of appeals and the effect they have on undermining the general policy of protection already in place among the states. Likewise, the ambiguity between official Department of Justice rules and unofficial criteria used to secure media subpoenas is unacceptable. There is an urgent need for Congress to state clear and concise policy guidance. Senators Specter, Dodd and I have introduced legislation today that preserves the free flow of information to the public by providing the press the ability to obtain and protect confidential sources. It provides journalists with certain rights and abilities to seek sources and report appropriate information without fear of intimidation or imprisonment. This bill sets national standards, based on Department of Justice guidelines, for subpoenas issued to reporters by the federal government. Our legislation promotes greater transparency of government, maintains the ability of the courts to operate effectively, and protects the whistleblowers that identify government or corporate misdeeds and protect national security. It is also important to note what this legislation does not do. The legislation does not permit rule breaking, give reporters a license to break the law, or permit reporters to interfere with crimes prevention efforts. Furthermore, the Free Flow of Information Act does not weaken national security nor restrict law enforcement. Additional protections have been added to this bill to ensure that information will be disclosed in cases where the guilt or innocence of a criminal is in question, in cases where a reporter was an eye witness to a crime, and in cases where the information is critical to prevent death or bodily harm. The national security exception and continued strict standards relating to classified information will ensure that reporters are protected while maintaining an avenue for prosecution and disclosure when considering the defense of our country. Reporters Without Borders has reported that more than 100 journalists are currently in jail around the world, with more than half in China, Cuba, and Burma. This is not good company for the United States of America. Global public opinion is always on the lookout to advertise perceived American double standards. I believe that passage of this bill would have positive diplomatic consequences. This legislation not only confirms America’s Constitutional commitment to press freedom, it also advances President Bush’s American foreign policy initiatives to promote and protect democracy. When we support the development of free and independent press organizations worldwide, it is important to maintain these ideals at home. In conclusion, Mr. President, I would like to thank again my colleagues Senator Specter and Senator Dodd for their tireless work on this issue. With their assistance, I look forward to working with each of my colleagues to ensure that the free flow of information is unimpeded. ###