A bill to protect journalists' sources gets better

[Commentary] After proposing a federal media shield law that did little to protect the relationship between journalists and their sources, the White House has agreed with the Senate Judiciary Committee on a revised -- and much improved -- version of the Free Flow of Information Act. Under the latest proposal, in both civil and criminal cases the government (or another party seeking disclosure) would have to demonstrate that the confidential information it seeks from a journalist is "essential" to resolving the case and that it has exhausted all reasonable alternative sources. Judges would weigh the public interest in thorough newsgathering against the interest in disclosing the source. The balancing tests are calibrated depending on the nature of the case. In civil cases, the information seeker must make the case for disclosure. In criminal cases, journalists would have to make the case against disclosure. The balancing test also covers cases involving leaks of classified information (with the journalist again bearing the burden of proof), unless the information sought would be needed to stop a terrorist attack or "significant and articulable harm to national security," in which case disclosure would be compelled. As in previous versions, the statute would not protect anyone who is affiliated with a terrorist organization or who has been designated a terrorist by the federal government.