Federal shield law serves journalists, public interest

It’s a rare day when federal lawmakers outpace their Virginia counterparts in solving a problem, but the U.S. House’s passage of a federal shield law for journalists may see Congress do precisely that.

Protecting members of the media from legal interloping into their sources and communications is essential to a free press, and the House should be commended for its action. Now the Senate, including Virginia Sens. Tim Kaine and Mark Warner, should follow suit in passing this essential legislation.

Though the Founding Fathers enshrined press freedom in the First Amendment, only a decade passed before Congress passed the Alien and Sedition Acts to limit speech critical of the government, including by journalists. American history is rife with instances of media speaking truth to power — and power lashing out in response.

Journalism — and, in turn, the public’s understanding of their communities — depends on the free and open exchange of facts. Some of the most compelling and important stories hinge on unsavory characters, illegal activities or earnest citizens who may face punishment for speaking to the media.

To write a story about fentanyl use, for instance, might find a reporter speaking to drug users and dealers. Stories about abortion may now put journalists in touch with those violating the law. Write about corruption in government and many sources will only speak if assured of anonymity.

It’s critical, then, that journalists be protected from prosecution for their work and, broadly, should not be compelled to disclose sources or sensitive information. The Supreme Court agreed in 1972 when, in Branzburg v. Hayes, the justices decided that a reporter for The Courier-Journal in Louisville, Kentucky, couldn’t be compelled by a grand jury to reveal two sources for an article about illegal drug use.

That precedent has been bolstered by subsequent court decisions and formed the basis for the first state shield laws, formally extending qualified privilege to members of the working media. But the commonwealth is one of only nine states that do not have a shield law.