A Shield Law: Can it pass and will it work?

The idea of a shield law, in which journalists and their sources could be protected, would enable in depth and honest reporting. However, when discussed among lawmakers in the past they have a difficult time agreeing on who should be considered a journalist.

According to the Common Dreams article, “Senator’s attemptto define ‘real journalism’ blasted by journalists", specifically Senator Dianne Feinstein (D-C.A.) has been very outspoken about this topic. She stated that nonsalaried reporters should not be considered journalists. Clearly, some government officials have not realized that traditional forms of journalism (from mainstream news outlets) are no longer the only way the public receives news.

Bloggers or citizen journalists may be producing journalistic content out of their own desire to inform the public on a certain subject. Just because they are acting independently and may not be paid, does not mean they should be discredited as journalists. So long as the information is truthful it should be protected and able to be shared with the public.

The Common Dreams article continues on to quote Senator Chuck Schumer (D-N.Y.) who says, "The world has changed. We’re very careful in this bill to distinguish journalists from those who shouldn’t be protected, WikiLeaks and all those, and we’ve ensured that… But there are people who write and do real journalism, in different ways than we’re used to. They should not be excluded from this bill."

While it is nice that he is recognizing alternative forms of journalism, there is still the issue of journalists/ sources who expose information the government would not like to be displayed. Had an effective shield law been in place during the WikiLeaks exposure, would Bradley Manning been able to be tried and found guilty?  It would be a problem if a shield law allowed the government to hand select which journalist/sources would be protected due to the type of information they shared.

The right to freedom of the press was placed in our constitution for a reason. Journalists should have the right to present important information to the public without fear of the government’s opinion or interjection. A shield law would ease this worry for journalists however, it is uncertain whether or not an effective shield law will ever be passed.

The Common Dreams article was published in August 2013; over a year later a shield law has not been able to pass. Only time will tell whether lawmakers will be able to agree on a shield law. At this point in time however, it appears that there has not been much progress toward implementing a shield law.