Journalistic shielding

July 18, 2008
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Both of Indiana’s senators are pushing for passage of a federal shield law. Sen. Dick Lugar, a Republican, talked this week about making that happen soon and as recently as last week Senate leadership noted this may come up yet in July. Legislation out there, known as the Free Flow of Information Act (S. 2035) would create a reporter’s privilege at the federal level, bringing that U.S. law into line with statutes in most states.

Attorneys general in about 42 states signed a letter supporting the proposal, though Indiana Attorney General Steve Carter wasn’t one of them. He opted instead to do his own letter to Indiana Sen. Evan Bayh, a Democrat, urging the federal law’s passage, noting that his position is statutorily created and not constitutionally established and his authority doesn’t extend to what the federal legislation would encompass. Our AG notes that the proposed federal shield law “does not add to, or subtract from, the Indiana law.”

Hoosier State Press Association general counsel Stephen Key sees significant benefit for Indiana from the proposed federal shield law, though. The current state shield law can be found at Indiana Code 34-46-4; it protects news reporters from disclosing sources and giving them a means of safety in state courts. But Key notes that federal law doesn’t pony up that protection, and the 7th Circuit has gone as far as saying it won’t recognize state statutes that offer the journalistic shield.

Key says passing this legislation would give those within Indiana’s press “better piece of mind in promises of confidentiality to sources” that will hold up in court. All courts at federal and state levels. Timing remains a question, even though the Senate has vowed to move forward soon. President George W. Bush has apparently threatened to veto the legislation, but presidential hopefuls John McCain and Barack Obama have both pledged their support. We'll see what happens.
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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