Forcing a journalist to disclose confidential sources will have a crippling effect on effective investigative journalism in this country. The First Amendment provides protections for the press because an informed electorate is essential for robust debate and a strong democracy. But what happens when you find yourself dragged into a lawsuit, ordered to divulge your sources, and held in contempt when you refuse? It is relatively uncommon for a court or the government to try to force a reporter to divulge sources. But it does happen, and when it does, it has a chilling effect on sources, reporters, and journalism itself. Sources wonder if they can trust a journalist who promises confidentiality, while journalists become less willing to offer that promise. It damages the ability of the press to root out wrongdoing. There is some good news, though. Congress appears poised to make it far more difficult for journalists to be compelled to divulge their sources. In January, in a rare display of bipartisanship, the House unanimously passed the Protect Reporters from Exploitative State Spying Act, or the PRESS Act. The bill, which is now awaiting action in the Senate, would mandate the disclosure of sources only in a limited number of cases. It would also bar the government from surveilling journalists. A recent letter from a coalition of more than 130 civil liberties and journalism organizations ... called the legislation "a rare chance to strengthen freedom of the press."
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