On April 6, the Protect Reporters from Exploitative State Spying Act (PRESS Act) (H.R. 4330), which would ensure protection for journalists’ sources at the federal level, passed the House Judiciary Committee. Introduced by Reps. Jamie Raskin (MD-08), Ted Lieu (CA-33) and John Yarmuth (KY-03), the PRESS Act would provide a shield against governmental efforts to undermine acts of truth-telling as weaponized through the subpoenaing of confidential journalistic information, providing reporters with a legal protection available in most states throughout the country.
In 2013, similar legislation was introduced in the House and Senate after it was discovered that the U.S. Department of Justice had subpoenaed a broad range of phone records from the Associated Press, as well as the substance of correspondence involving Fox News reporter James Rosen. The Senate bill was reported favorably to the full Senate in September 2013 by the Judiciary Committee and in subsequent years similar legislation cleared the full House of Representatives by huge bipartisan margins or voice vote.
Today, the PRESS Act is another opportunity to uphold journalists’ rights to report the news legally, openly and fearlessly. It would establish a federal statutory privilege to protect journalists from being compelled to reveal confidential sources except in limited circumstances, such as to prevent terrorism or in the case of imminent violence.
“Embracing the right of a free press to report the news without fear or favor, journalists rely on confidential sources to shine a light on wrongdoing in government, expose waste of taxpayers’ dollars and hold our elected officials accountable,” said NAB President and CEO Curtis LeGeyt.
This legislation is important for our democracy and the protection of the First Amendment, as it would allow journalists to continue to report the news without fear of having to reveal confidential sources to the federal government unless there are circumstances related to homeland security. It would also allow for confidential sources to continue trusting and working with reporters to expose matters of concern to the public, and as a result, will allow the public to remain an informed and engaged citizenry.
In the Senate, Sen. Ron Wyden (OR) has introduced a substantively identical bill, titled the Protect Reporters from Excessive State Suppression Act (PRESS Act) (S. 2457).
NAB looks forward to working with all members of Congress to pass the PRESS Act, important legislation that upholds a guiding principle of American democracy.
More information regarding the free flow of information can be found here.
