Outside view: Protecting journalism

The following editorial appeared in the Kansas City Star on Sept. 26.

Some news stories – like Enron, Abu Ghraib and Watergate – need no explanation beyond a name. They captivated public interest and changed the course of events. And like many other investigative reports, they came to light with the help of anonymous news sources.

Journalists generally share the sources of their information with readers and viewers. In rare cases, however, sources ask to remain unnamed. They may fear losing their jobs or encountering other forms of retribution if their identities are ever disclosed.

Open government and vigorous news gathering can hinge on the trust that a journalist will not betray the confidence of a source, even at the behest of a prosecutor or other official.

A bill before the U.S. Senate Judiciary Committee would offer protection to sources and journalists both. It is similar to a measure already approved by the House Judiciary Committee, and deserves passage by both chambers.

Most states already have laws or court rulings that give journalists some degree of protection from having to reveal sources. The federal government is a different story.

In the past year, federal prosecutors and others have subpoenaed or questioned more than two dozen reporters about their confidential sources.

The risk for the public is that sources will clam up if they fear being identified. And if they clam up, important stories – such as recent reports on unacceptable conditions at Walter Reed Medical Center – will be harder for journalists to ferret out.

The Senate bill, sponsored by Arlen Specter, a Pennsylvania Republican, and Charles Schumer, a New York Democrat, would apply to journalists from traditional news outlets and also to some bloggers.

It doesn’t guarantee blanket protection. A journalist could still be compelled to disclose the identity of a source if a judge found that the information was necessary to protect national security or the life or safety of an individual.

But in most cases, the party seeking the information from journalists would have to first exhaust other reasonable avenues for obtaining information.

The public has much to gain from passage of the Free Flow of Information Act, as the bill is called.

If it were to become law, citizens would be able to learn more about the actions of government and corporate interests. With greater knowledge comes greater political accountability.