Senate Proposal on Federal Shield Law Wins ABA Endorsement
American Bar Association Supports Specter-Schumer Substitute to S. 448, Free Flow of Information Act
The ABA is calling on the Senate Judiciary Committee to move forward with its consideration of the newly-introduced bipartisan Specter-Schumer substitute to S. 448, the Free Flow of Information Act 2009.
The substitute for the proposed federal shield law is scheduled for mark-up this week. In a letter sent to Senate Judiciary Committee Chair Patrick Leahy and all committee members, the ABA noted that the compromise “is the first to be vigorously supported by both the news industry and the Department of Justice.”
“Their joint support signifies that this substitute strikes the right balance and will protect the free flow of information to the public through a free and active press without impeding legitimate criminal investigations or threatening national security,” continued the letter.
The ABA praised the substitute measure for its definition of who is covered under the shield law, its shift in the burden of proof required for not revealing a source, a broadened national security exception, and allowances for in camera or ex parte judicial review of evidence.
A full copy of the letter, signed by ABA Governmental Affairs Director Thomas Susman, will be posted at http://www.abanet.org/poladv/letters/additional/2009nov19_fedshields_l.pdf
Additional background or interviews available upon request.
With nearly 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.
November 20, 2009
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