Protecting the First Amendment

Texas is inching closer to a journalism shield law, with the Senate Jurisprudence Committee sending Senate Bill 966 to the floor. Authored by Sens. Rodney Ellis, D-Houston; Robert Duncan, R-Houston; and Chuy Hinojosa, D-McAllen, it's a bipartisan bill that protects journalists and their confidential sources. Nicknamed the Free Flow of Information Act, what may shock onlookers and civil liberties enthusiasts is … it actually looks pretty good.

The bill says that, by default, journalists have a right of privilege, so they don’t just have to hand over files just because some office-holder says so. It sets up a judicial review process whereby any public official asking for reporters’ files has to be able to prove it needs them for a criminal prosecution or it is essential for a public inquiry. It requires that the parties demanding the files prove a genuine public interest and that they had exhausted all reasonable means of finding out what they want to know without grabbing the reporter’s files. It also prevents overzealous prosecutors from using a subpoena to “obtain peripheral, nonessential, or speculative information” – so no fishing trips. Even better, if the only criminal act in question is when the source handed the journalist confidential information, they don’t have to hand over anything or testify in court – an essential protection for whistle-blowers.

Thirty-two states currently have shield laws, with a bill pending in Washington state and even a federal law up for debate.