Oh, the irony.
Six weeks before Hawaii鈥檚 media shield law expires, U.S. Sen. Charles Schumer of New York says he plans to revive federal legislation that would protect journalists from being forced to disclose confidential sources and information.
Schumer, a Democrat, said Wednesday he intends to re-introduce a bill that drew bipartisan support in 2009 but died amid the scandal over the online publishing of a trove of secret government documents.
President Obama鈥檚 Senate liaison to ask him to reintroduce the , but Schumer said he was already planning to introduce the bill.
The White House is trying to deflect criticism after it was revealed this week that the as part of an investigation into a national security leak earlier this year.
Meantime, Hawaii鈥檚 5-year-old shield law, which has been considered a model for federal legislation, sunsets June 30 because state lawmakers were unable to agree on how to proceed this past session. The House voted at the 11th hour to just extend the current law two years, but the Senate thought the protections went too far.
University of Hawaii journalism professor Gerald Kato said he is still recovering from the fact that Hawaii is going to lose a very good shield law next month for irrational political reasons.
鈥淚t鈥檚 time for a federal shield law,鈥 he said. 鈥淚 just hope they consider a good and effective law rather than a diluted one.鈥
State, Federal Lawmakers Share Water-It-Down-To-Death Tactics
Dilution played a role in the death of the federal legislation in 2009 and the Hawaii shield law this year.
State Senate Judiciary Chair Clayton Hee orchestrated the changes to , which originally just called for repealing the sunset date. The final Senate draft removed protections for non-traditional journalists and expanded the exemptions for law enforcement to subpoena reporters and their notes.
Hee has said he relied on the state Attorney General鈥檚 advice on how to modify the bill, but his personal distaste for the shield law was evident. On the last day of the legislative session May 2, Hee stood up and mocked Sen. Les Ihara for saying 鈥渄emocracy is at stake鈥 if Hawaii loses its strong protections for journalists.
In D.C., it was the Obama administration that put forward amendments to by carving out a meaty exemption to sidestep judicial review for security reasons.
The U.S. Senate Judiciary Committee passed the bill in a compromise version that included many of the administration’s proposed changes. It failed to garner enough support to receive a vote before the full Senate.
A spokesman for Schumer that it鈥檚 this compromise version of the bill that the senator plans to reintroduce, making it unclear at best if the law would have had any effect on the AP phone records case.
The Justice Department used a secret subpoena to obtain two months of phone records from more than 20 phone lines assigned to AP editors and reporters. Media outlets are normally given an advance opportunity to fight a subpoena, but the Justice Department asserted that national security was at stake and did not let AP know about it.
Attorney General Eric Holder told media outlets Tuesday that he doesn鈥檛 know any particulars, but is certain his department handled the matter appropriately.
Schumer said in a statement Wednesday that the proposed federal shield law, at a minimum, would have ensured a 鈥渇airer, more deliberate process.鈥
鈥淭his kind of law would balance national security needs against the public鈥檚 right to the free flow of information,鈥 he said.
Hirono: Good Time To Look Into Press Protections
Hawaii鈥檚 congressional delegation didn鈥檛 have much to say Wednesday on reviving the federal shield law bill.
Messages left for Sen. Brian Schatz and Rep. Tulsi Gabbard were not returned. A spokesman for Rep. Colleen Hanabusa wouldn鈥檛 comment.
Sen. Mazie Hirono鈥檚 spokesman emailed a statement: 鈥淎s we continue to learn more about the matters surrounding the Department of Justice’s investigation into a leak of confidential information, now may be a good time to look into the types of protections available to the press.鈥
Hirono of the Free Flow of Information Act when she was a member of the House in 2007. Then-Rep. Neil Abercrombie voted against it at the time. The bill went on to pass the full House, but died in the Senate without a vote.
Abercrombie, now Hawaii’s governor, was the only Democratic representative to vote against the federal shield law. Some critics are convinced state AG David Louie’s strong opposition to the Hawaii shield law stems from the governor’s office.
State Sen. Sam Slom, a Republican who supports making Hawaii’s current shield law permanent, welcomed the news that Schumer will introduce federal legislation.
“As we鈥檝e always said, this is not a partisan issue anyway,” he said. “It鈥檚 just too bad that our state didn鈥檛 get the message because now with the Associated Press incident, more than ever we need a shield law.鈥
It鈥檚 important to maintain the renewed momentum for a federal shield law and watch to ensure the bill isn鈥檛 changed like the legislation was in Hawaii, Kato said.
鈥淲e in the journalism community and the public as a whole should keep an eye on this so it鈥檚 not just some PR thing to deal with the problem of the moment,鈥 he said. 鈥淗aving a law in and of itself is not necessarily a good thing. The law is intended to advance First Amendment rights and the free flow of information.鈥
GET IN-DEPTH REPORTING ON HAWAII鈥橲 BIGGEST ISSUES
Support Independent, Unbiased News
Civil Beat is a nonprofit, reader-supported newsroom based in 贬补飞补颈驶颈. When you give, your donation is combined with gifts from thousands of your fellow readers, and together you help power the strongest team of investigative journalists in the state.
About the Author
-
Nathan Eagle is a deputy editor for Civil Beat. You can reach him by email at neagle@civilbeat.org or follow him on Twitter at , Facebook and Instagram .