The arguments against a federal shield law might be frightening if they were not so ludicrous. There are two ways to reassure yourself that legislation to allow journalists to protect the identity of confidential sources will not be exploited by terrorists, thugs, identity thieves, sleazy sleuths and anarchists who expose trade secrets. One is to look at the experience of 49 state laws that grant varying levels of protection for journalists using anonymous sources. The other is to read the bill. The Free Flow of Information Act of 2007,'' sponsored by Reps. Mike Pence, R-Ind., and Rick Boucher, D-Va., does not provide an absolute right for journalists to protect their sources. Under their HR2102, a journalist could be forced by the courts to reveal his or her source if the disclosure involved: -- A threat to national security. -- A threat of imminent death or significant [bodily] harm to a person. -- A trade secret of significant value. -- Personal financial or health information. [The] Justice Department, which has wielded subpoenas and threats of jail time against journalists in pursuing government leaks, has never liked the idea of a shield law. So it was hardly a surprise when it recently testified against HR2102. What was eye-poppingly outrageous was a Justice official's straight-faced attempt to suggest that criminals or terrorists would invoke the bill's protection for journalists to thwart prosecutors. "Totally absurd," House Judiciary Chairman John Conyers, D-Mich., said of the terrorism argument. However, the dangers that overzealous prosecutors pose to a free and independent press that Pence calls "essential to an informed" electorate are very real and growing. As Pence put it, "there may never be another Deep Throat" if whistle-blowers become worried that journalists cannot keep a promise of confidentiality.

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