A Federal Shield Law

[Commentary] The Free Flow of Information Act is a law that would protect the relationship between journalists and their sources. The District of Columbia and 49 states already do so. While the Post has a concern about one aspect of the legislation, this shield is needed on the federal level. Under the proposed legislation, prosecutors who wished to compel a journalist to reveal a confidential source or the information the source provided would first have to exhaust all alternative remedies. In a criminal case they would also have to show that a crime had occurred and that "the protected information sought is essential" to the case. A federal judge could compel disclosure if the information "is reasonably likely to stop, prevent or mitigate" an act of terrorism, kidnapping, sexual abuse of minors, death or substantial bodily harm. Journalists are defined so as to ensure that "reporters" affiliated with possible terrorist groups could not use the law to duck prosecution. And the bill establishes procedures to avoid airing sensitive or classified information in open court.