Posted 12:59 am Thursday, March 12, 2009
Texas Should Pass Free Flow Of Information Act
A House committee has heard testimony on an important piece of legislation that will help ensure journalists can keep their promises to confidential sources. The bill doesn't just protect reporters -- it helps to protect the public, as well.
The Free Flow of Information Act, House Bill 670 will soon be up for a vote before the House Judiciary and Civil Jurisprudence Committee. The committee should approve the measure and send it on to the full House. A Senate companion, SB 915, should also be passed.
There are now 36 states that have some form of this protection, which creates a qualified privilege for journalists to protect confidential sources and information. There's also a federal measure under consideration. Texas nearly had its own two years ago, but the bill was killed by a technicality.
Essentially, the new bill would establish a test a judge can use to determine whether to uphold a subpoena against a news organization.
What it wouldn't do is make journalists a special class of citizens (it protects information, not reporters) nor would it allow a journalist to conceal a crime.
But it would help journalists to assure their sources they can give information without fearing retaliation.
Remember the Texas Youth Commission scandal?
In February 2007, disturbing allegations emerged about sexual abuse and cover-ups by TYC staff members at the West Texas State School and other juvenile prisons. Two officials, Ray Brookins and John David Fernandez, were later charged with sexual abuse of boys.
Other problems discovered at the agency included felons working as detention officers, no-bid contracts, brutal discipline, a shortage of guards that was leading to increased violence, and inadequate attention to medical needs.
But there were significant indications of problems for years prior to the story breaking. If Texas had stronger protections for whistleblowers, might someone have come forward sooner?
There are many examples of "subpoena abuse" by civil attorneys and prosecutors -- including an instance here, when a defense attorney for an accused child molester subpoenaed a
Tyler Morning Telegraph
reporter, effectively preventing the reporter from doing her job and covering the trial.
Even more egregious examples exist. A reporter and a photographer for the
New Braunfels
Herald-Zeitung
were subpoenaed in an effort to force a defendant in a drug possession case to accept a plea bargain.
Victoria County District Attorney Stephen Tyler has been at war with the
Victoria Advocate
, issuing multiple subpoenas, in what the newspaper's lawyers say could be "simply an effort to chill or influence the tenor of the future reporting� and an effort to intimidate and silence further criticism of the District Attorney's Office."
When reporters are safe in making and keeping their promises to confidential sources, society as a whole benefits. The Texas Legislature should pass the Free Flow of Information Act.
The Free Flow of Information Act, House Bill 670 will soon be up for a vote before the House Judiciary and Civil Jurisprudence Committee. The committee should approve the measure and send it on to the full House. A Senate companion, SB 915, should also be passed.
There are now 36 states that have some form of this protection, which creates a qualified privilege for journalists to protect confidential sources and information. There's also a federal measure under consideration. Texas nearly had its own two years ago, but the bill was killed by a technicality.
Essentially, the new bill would establish a test a judge can use to determine whether to uphold a subpoena against a news organization.
What it wouldn't do is make journalists a special class of citizens (it protects information, not reporters) nor would it allow a journalist to conceal a crime.
But it would help journalists to assure their sources they can give information without fearing retaliation.
Remember the Texas Youth Commission scandal?
In February 2007, disturbing allegations emerged about sexual abuse and cover-ups by TYC staff members at the West Texas State School and other juvenile prisons. Two officials, Ray Brookins and John David Fernandez, were later charged with sexual abuse of boys.
Other problems discovered at the agency included felons working as detention officers, no-bid contracts, brutal discipline, a shortage of guards that was leading to increased violence, and inadequate attention to medical needs.
But there were significant indications of problems for years prior to the story breaking. If Texas had stronger protections for whistleblowers, might someone have come forward sooner?
There are many examples of "subpoena abuse" by civil attorneys and prosecutors -- including an instance here, when a defense attorney for an accused child molester subpoenaed a
Tyler Morning Telegraph
reporter, effectively preventing the reporter from doing her job and covering the trial.
Even more egregious examples exist. A reporter and a photographer for the
New Braunfels
Herald-Zeitung
were subpoenaed in an effort to force a defendant in a drug possession case to accept a plea bargain.
Victoria County District Attorney Stephen Tyler has been at war with the
Victoria Advocate
, issuing multiple subpoenas, in what the newspaper's lawyers say could be "simply an effort to chill or influence the tenor of the future reporting� and an effort to intimidate and silence further criticism of the District Attorney's Office."
When reporters are safe in making and keeping their promises to confidential sources, society as a whole benefits. The Texas Legislature should pass the Free Flow of Information Act.
