House Judiciary Committee Clears Bill That Shields Journalists From Federal Government Efforts To Compel Them To Reveal Sources
A bill to protect journalists from revealing their sources amid pressure from the federal government cleared the House Judiciary Committee in a unanimous vote today.
The legislation passed 23-0, an unusual show of bipartisanship on a committee often at loggerheads.
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The Protect Reporters from Exploitive State Spying Act, or PRESS Act, is a response to instances of law enforcement agencies secretly seeking court orders emails and phone records from reporters in an effort to determine their sources. Lawmakers noted that such instances took place during the Trump and Obama administrations.
Under the terms of the legislation (read it here), the federal government cannot compel reporters to disclose their sources or notes. Exceptions are made if disclosure of the information is necessary to prevent terrorism of “a threat of imminent violence, significant bodily harm, or death, including specified offenses against a minor.”
The bill also restricts efforts to subpoena a journalist’s information from a third party — like phone and internet providers — and gives reporters get an opportunity to challenge such subpoenas in court.
The House bill was introduced by Rep. Kevin Kiley (R-CA) and Rep. Jamie Raskin (D-CA).
A companion bill was introduced last month in the Senate.
In 2021, CNN, The Washington Post and The New York Times reported that some of their journalists had received notice that federal prosecutors had secretly obtained phone and email data starting during the Trump administration. The disclosure apparently was connected to leak investigations.
At the markup hearing on Wednesday, Rep. Jerry Nadler (D-NY), the top Democrat on the Judiciary Committee, noted that instance as well as the case of James Rosen, a Fox News reporter during the Obama administration. Nadler noted reports that the DOJ searched his emails and listed him as a co-conspirator in an Espionage Act case against the source of leaked information.
Curtis LeGeyt, president and CEO of the National Association of Broadcasters, said in a statement that the bill “will protect reporters’ confidential sources and ensure that they can continue this critical work without fear of retaliation.”
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