Judiciary Committee Clears Free Flow of Information Act of 2007

The Senate Judiciary Committee today approved the Free Flow of Information Act of 2007, as amended. The measure is sponsored by Senators Arlen Specter (R-Pa), Chuck Schumer (D-NY), Richard Lugar (R-IN), Christopher Dodd (D-CT), Patrick Leahy (D-Vt.), and Lindsey Graham (R-SC).


This legislation establishes a federal reporters' privilege to protect and encourage the free flow of information between journalists and confidential sources. It seeks to reconcile reporters' need to maintain confidentiality, in order to ensure that sources will speak openly and freely, with the public's right to effective law enforcement and fair trials.


In order to balance these competing interests, this bill creates a qualified privilege for reporters to withhold information they obtain under a promise of confidentiality. It ensures that a federal court can only force a journalist to reveal confidential source information where the information is truly critical to a case or investigation. It also requires the party seeking a reporter's confidential information to exhaust all reasonable alternative sources before turning to the media.


The bill also contains exceptions to the privilege for those situations where information sharing is critical. A reporter may not withhold his source information where it is needed to prevent a terrorist attack, significant harm to our national security, death, kidnapping, or substantial bodily harm. Journalists who witness crimes also cannot refuse to share their eyewitness observations.


The bill is now sent to the full Senate for its consideration.

A copy of the legislation is attached.

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