On a bill to institutionalize a reporter’s privilege to refuse to...
On a bill to institutionalize a reporter’s privilege to refuse to disclose sources, the Senate Judiciary Committee markup avoided the touchy subject of how to define “journalist,” a term that could include bloggers and other amateur online writers, and…
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at times a flashpoint (WID June 15 p2). Members instead debated overclassification and harm to national security. Sen. Jon Kyl, R-Ariz., argued with colleagues for an hour over the Free Flow of Information Act (S-2053), sponsored by Ranking Member Arlen Specter, R-Pa., Sens. Richard Lugar, R-Ind. and Chuck Schumer, D-N.Y. A House Judiciary Committee version approved last month would require that journalists derive “financial gain or livelihood” from their work, which sponsor Rep. Rick Boucher, D-Va., said would keep out “casual bloggers” (WID Aug 2 p2). Senate Judiciary didn’t get that far. S-2053’s journalist definition requires a “supervisor, employer, parent, subsidiary or affiliate” for a person practicing journalism, but no financial conditions. Kyl called the bill a needless step that would raise the bar for prosecutors searching for leaks affecting national security beyond their burden of proof in other cases. Fewer than two dozen journalists have been prosecuted for hiding sources, he said. “There’s not some rampant violation of the press here that needs our attention,” especially without a hearing, Kyl said. He accused backers of rushing consideration of the 17-day-old bill. Some classified information previously was posted for years on government Web sites, said Chairman Patrick Leahy, D-Vt. Several amendments passed, among other things to block agents of foreign powers from qualifying as journalists. Both Kyl amendments failed. They would have reduced the burden of proof or potential harm for prosecutors to compel disclosure.