Journalistic Prison: National Intelligence Opinion on Shield Laws

Director of National Intelligence Mike McConnell has very strong opinions on the Free Flow of Information Act of 2007. In fact, he’s passionate enough about the subject to submit an opinion article to the newspaper USA Today.

His published article reacts against the proposed legislation of a reporter shield law. Reading over the article, the tone is such that it seems he feels that the passing of this law will jeopardize the nation and the citizen’s safety.

In the article, McConnell writes that the passing of this journalistic shield law “will gravely damage our ability to protect national security information.” As a representative of the intelligence community, he recognizes the crucial role of media in a democratic society but he stands firm on his belief that the bill “would upset the balance established by current law, crippling the government’s ability to investigate and prosecute those who harm national security.” McConnell fears the safety of the citizens of the United States if the proposed bill is passed.

This Free Flow of Information Act already passed the House last year in 2007 and has been on Senate legislation as of the first week of August.

McConnell believes that if this bill passes, then this will overturn the 1972 decision by the U.S. Supreme Court that orders reporters to “respond to relevant questions put to them in the course of a valid grand jury investigation or criminal trial”. McConnell’s fear is that the bill will keep reporters from testifying on terrorism investigations which may jeopardize national security.

Whether you’re for or against this legislation you have to respect the opinion of McConnell and concern for the safety of the people – or is it purely concern for the power of the government? Surely, the passage of this act may possibly thwart government investigations – just like how investigations into the sources that revealed to the New York Times about how the government was eavesdropping after the 9/11 terrorist attacks. Most political law experts feel that McConnell need not worry about this proposed legislation. It’s obvious that national security is a top priority of the climate of the United States, some feel to the detriment of citizen privacy. In fact, a closer reading of one of the versions of the proposed bill will show that terrorism probes are deemed to be an exception to these journalism shield laws.

What’s more surprising is that are already reporter shield laws in place and they apply to all states aside from Wyoming. Even with these journalist protection laws in place, federal investigators still have the right to coerce any reporter to review his or her sources for the sake of national security. Refusing to do so will have the reporter penalized and most of the time may lead him or her to prison time.

Recently, a San Francisco blogger was released from jail after serving a 7-month detention for refusing to relinquish a copy of the videotape he took during a San Francisco protest where a police officer was allegedly injured. Another refusal to name sources sent a Rhode Island television reporter named Jim Taricani to a 4-month home confinement. Allegedly, Taricani refused to divulge the identity of the source of a videotape showing a city official taking a bribe. In 2005, former New York Times reporter Judith Miller spent 85 days imprisoned for refusing to testify in the Valerie Plame case.

Just this year, McConnell supported the passing of a spy bill which granted immunity to telecommunications companies from being sued for assisting the George W. Bush Administration in eavesdropping on Americans, again, for the sake of “national security.”

McConnell isn’t new to sparking controversy within the journalism community. In describing the torture practice of waterboarding to New Yorker magazine he said, “If I had water draining into my nose, oh God, I just can’t imagine how painful! Whether it’s torture by anybody else’s definition, for me it would be torture.”

He subsequently clarified his remarks, saying that “the United States does not engage in torture. We do use enhanced interrogation techniques.”

Do you feel McConnell has the best interests in mind of the American citizen or the American government?