White House, Senate Strike Balance on Reporter Protections

Senate supporters of a bill protecting a reporter's right to protect confidential sources in federal court said Friday they've reached a compromise with the Obama administration and media groups that gives the government authority to override those rights in certain national security cases. Sen Charles Schumer (D-NY) said the agreement "strikes the right balance between national security concerns and the public's right to know." He said it would preserve a strong protection for reporters trying to protect sources while making sure the government can do its job of protecting citizens. The original bill centered on the idea that a balancing test should be applied under which a federal judge would weigh the public's right to know versus national security claims made by the government. The administration wanted to eliminate that balancing test in many cases involving terrorism and other security cases. Under the compromise, the balancing test would be eliminated in classified leak cases where the government can show that disclosure of a source's identity is necessary to prevent or mitigate an act of terrorism or substantial harm to the national security. But the government would also have to provide specific facts: it could not make a national security claim and then withhold most of the details. The balancing test would be in order for cases not involving classified leaks, but in criminal cases the burden would be on the journalist to show clear and convincing evidence that guarding the anonymity of sources is in the public interest.