House Adopts a Comprehensive Reporters Privilege
Late at night on Thursday, May 29, Rep. Alan Grayson (D-FL) introduced an amendment to the FY 2015 Commerce, Justice and Science Appropriations bill to provide a near-absolute shield for reporters against compulsory disclosure of their confidential sources.
“None of the funds made available by this Act may be used to compel a journalist or reporter to testify about information or sources that the journalist or reporter states in a motion to quash the subpoena that he has obtained as a journalist or reporter and that he regards as confidential,” the amendment reads.
The proposal initially seemed to have been voted down on a voice vote, but Rep. Grayson demanded a vote count, and the measure was adopted in the House bill by a vote of 225-183.
In a statement published in yesterday’s Congressional Record, Rep. Grayson said: “This amendment is to be construed liberally and broadly, to effectuate its purpose of protecting journalists and their sources from any coercive action taken by the government and the legal system. Its spirit applies to other government agencies, and to litigation between private parties. The terms ‘information or sources’ and ‘confidential’ are to be given the widest possible construction.”
“For purposes of this amendment, the definition of a ‘reporter’ includes: any person, natural person, or entity who releases, reports on, or provides information of a classified or unclassified nature to a public audience or on the internet, does so on a regular basis, and receives compensation for doing so. The term ‘reporter’ is a description of a profession.”
The term “journalist” is broader:
“For purposes of this amendment, the definition of a ‘journalist’ includes: any person, natural person, or entity who releases, reports on, or provides information of a classified or unclassified nature to a public audience or on the internet, and does so on a regular or an irregular basis. The term ‘journalism’ describes an act, not a profession. A person, entity, or natural person is a journalist so long as he or she is engaged in the act of journalism. An act of journalism involves the collection, analysis, description, dissemination, and/or publication of information,” Rep. Grayson said.
When a hurricane hits, it’s all hands on deck – that goes for federal data, too. Pulling back from our investments in timely, accurate, and accessible public data will only make us less prepared and put us all at greater risk.
This is bigger than a singular elimination of race and ethnicity questions. It could accelerate the second wave of widespread reductions to demographic data, leaving public health officials with even less information to deliver better health outcomes for all Americans.
Soft law was never meant to be a permanent solution. Treating it as one, and letting the sandcastle stand in for the skyscraper indefinitely, is how we end up with a decade of voluntary commitments and no enforceable accountability to show for it.
FAS has partnered with ICLEI USA to launch the CRI Local Advisory Council.