• by Ray Schultz , June 21, 2023

Bipartisan legislation to protect journalists from government efforts to identify confidential sources was reintroduced in the U.S. House and Senate on Wednesday. 

The Protect Reporters from Exploitive State Spying (PRESS) Act would shield journalists from court-ordered disclosure of information about a source unless it concerned an act of terrorism against the U.S. or imminent violence and offenses against a minor. 

In addition, the bill would require the federal government to allow journalists to respond to demands for records, information or other communications. 

The legislation was introduced in the Senator by Senators Ron Wyden (D-Ore.), Mike Lee (R-Utah) and Richard Durbin, 9D-Ill.) In the House, it was introduced by Representatives Kevin Kiley (R-CA) and Jamie Raskin (D-MD). 

The bill, which unanimously passed the House in the last session, is a response to the secret subpoenaing by law enforcement agencies of emails and phone records from reporters in order to determine their sources. The District of Columbia and 48 states have shield laws, but they vary widely. 

The legislation would  prevent the government from secretly obtaining a reporters’ records from third parties such as phone companies and email providers to identify their sources.

“Spying on reporters to learn the identity of their sources is a finger in the eye of the First Amendment. Unnecessary surveillance of journalists makes it harder to bring waste, fraud and abuse to light, by scaring off sources and reporters who are essential to a well-functioning democracy,” Wyden said.  

Wyden adds, “Our bipartisan legislation creates strong protections for reporters, with common sense exceptions for cases when the government truly needs information immediately.”

“The PRESS Act will ensure that journalists can maintain editorial independence and protect confidential sources which are a vital part of producing quality news,” says Danielle Coffey, president & CEO of the News/Media Alliance. “We encourage Congress to swiftly pass this important bipartisan legislation.”

 “As acknowledged by America’s founders, the freedom of the press to report on and disseminate information is critical to our republic,” Kiley says. “Our bipartisan legislation further codifies these First Amendment principles into law and will mitigate infringement upon the Constitution by the federal government.”