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July 30, 2008
NEW YORK STATE BAR ASSOCIATION RENEWS CALL FOR THE
ADOPTION OF A FEDERAL SHIELD LAW
Expresses
Disappointment in Senate Action Today, Urges the Adoption of Uniform
Protection for Journalists Nationwide
With
legislation that would afford legal protections to journalists blocked
today in the United States Senate, New York State Bar Association
President Bernice K. Leber (Arent Fox, LLP) expressed disappointment at
today’s actions and called for the adoption of a Federal Shield
Law that would provide needed, uniform legal protections for journalists
throughout the nation. She reaffirmed
the Association’s position that a federal statute, similar to the
one used in New
York, be implemented to
ensure that the press has the ability to operate freely and
independently and pursue information without fear of facing criminal
sanctions.
“The freedom of the
press is one of our most cherished and deeply valued rights,”
Leber said. “The absence of a
uniform federal shield law places this important protection at risk and
potentially compromises a fundamental hallmark of American
democracy. That is why I am
disappointed in the Senate vote today. We need to enact a federal shield law in order to preserve the
ability of journalists to do their jobs without fear of reprisals from
the government.”
Currently, 49 states,
including New
York, have shield law
protection by either statute or judicial
decision. The lack of an
all-encompassing federal statute undermines the effectiveness of these
various state shield laws and leads to uncertain and potentially
conflicting outcomes, depending upon where litigation is brought or
where a grand jury or other investigative inquiry is
pending.
The New
Yorkshield law protects
journalists from being held in contempt for refusing or failing to
disclose any information, which includes source identities that may come
into their possession, while gathering the
news. New
Yorkaffords absolute
protection for confidential sources and information, and applies a
balancing test if the information is not confidential.
“As the media
capital of the world, New
Yorkhas a strong and
historic special interest in protecting an independent press,”
said Leber. Our state has demonstrated
tremendous leadership by creating a shield law that has been highly
effective for more than 30 years and would, therefore, make an ideal
statute on which to base future federal
legislation.”
In April 2006, the
Executive Committee of the New York State Bar Association passed a
resolution calling on Congress to enact a federal shield law statute
consistent with the provisions of the New
Yorkstate shield
law.
The 74,000-member New York
State Bar Association is the largest voluntary state bar association in
the nation. Founded in 1876, the Association’s programs and
activities have continuously served the public and improved the justice
system for more than 130 years.
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