GOP senators want to query attorney general on reporter-shield legislation

11/08/09:  The Washington Post reports that Republicans on the Senate Judiciary Committee want to question Attorney General Eric H. Holder Jr. about his support of a compromise reporters' shield law before they vote on it.  Under the compromise, a "balancing test," in which a judge weighs the importance of the public having certain information against the potential damage such disclosure could do, would not be required when the government shows a judge that the information it seeks by subpoena from a reporter "would materially assist" it in preventing, mitigating or identifying the perpetrator of a terrorist act or significant harm to national security.

10/31/09: The New York Times reports that the Obama administration, leading Senate Democrats and a coalition of news organizations have reached tentative agreement on legislation providing greater protections against the fining or imprisonment of reporters who refuse to identify confidential sources. Under the deal, made public Friday, federal judges could quash subpoenas demanding testimony or information from reporters if the judges determined that the public interest in news gathering outweighed the need to uncover the source of a leak, including, in some circumstances, unauthorized disclosure of classified government information. Protection under the so-called shield law would also be extended to unpaid bloggers engaged in gathering and disseminating news.

10/02/09: Jurist reports the Obama administration on Wednesday informed Congress that it objects to a proposed journalist shield law that would protect journalists who refuse to disclose sources that leak national security information.

09/13/09: The Washington Post reports that the Senate Judiciary Committee will take up a new version of a reporter shield law this week.The bipartisan-backed legislation establishes a qualified privilege for reporters to withhold the names of confidential sources who provide information under promise of confidentiality. When classified information is involved, the protection of the source or the information would require the government to show the materials were properly classified. Then a judge must hold that their disclosure could cause significant harm to national security that would outweigh benefits to the public interest with its publication.

Thread: Federal Shield Law