Rekjalhew

October 10, 2005

NO, to special protection for journalists, even bloggers! (Lugar’s Free Flow of Information Act of 2005 is a bad idea!)

by IndependentConservative @ 7:24 pm. Filed under Nuts on Parade

The Free Flow of Information Act of 2005 by Senator Richard Lugar (R.-Ind.) is just a terrible piece of legislation. It is an attempt by Liberal politicians to give special protections which never existed in the history of our Republic to journalists! The co-sponsors of this legislation reads like a who’s-who of Liberals. (Yes Republicans can be Liberals too!)

Sen Biden, Joseph R., Jr. [DE] - 7/20/2005
Sen Dodd, Christopher J. [CT] - 7/18/2005
Sen Domenici, Pete V. [NM] - 7/20/2005
Sen Feingold, Russell D. [WI] - 7/20/2005
Sen Graham, Lindsey [SC] - 9/29/2005
Sen Hagel, Chuck [NE] - 7/20/2005
Sen Jeffords, James M. [VT] - 7/18/2005
Sen Kerry, John F. [MA] - 7/26/2005
Sen Lautenberg, Frank R. [NJ] - 7/18/2005
Sen Nelson, Bill [FL] - 7/18/2005
Sen Obama, Barack [IL] - 10/4/2005

(And I know some people are saying, “well Barack Obama sounded Conservative in that DNC speech he gave”… Well in action he’s a Liberal too and actions speech louder than words given at a big political party convention! Look at his votes and you will see they mirror votes of people like Kerry and Kennedy!)

No journalist should get any more protection than any other private citizen and never has before! There is discussion on whether bloggers should be covered, but we bloggers should not have any special protections either! Because there should not be any such protections for anyone reporting any news to the public!

And Lugar admits why he introduced this legislation (from linked article above):

Lugar said he was inspired to write the legislation by the jailing of New York Times reporter Judith Miller. “I’ve known Judy Miller for many years,” he said, adding that they became close when she was reporting on his efforts to dismantle the former Soviet Union’s nuclear arsenal.

Talk about cronyism! Make friends with a US Senator and he’ll go as far as to make a special class of protection just for you and your co-workers! So much so that nothing but a total threat to National Security will require you to divulge a source. As the text of the bill states:

(3) in any matter in which the testimony or document sought could reveal the identity of a source of information or include any information that could reasonably be expected to lead to the discovery of the identity of such a source, that–

(A) disclosure of the identity of such a source is necessary to prevent imminent and actual harm to national security;

(B) compelled disclosure of the identity of such a source would prevent such harm; and

(C) the harm sought to be redressed by requiring disclosure clearly outweighs the public interest in protecting the free flow of information.

So if you’re a kid about to be shot by a thug that wants to talk to press the about it first, the police will not be able to compel the journalist to name the thug in order to save your life! Cause one kid’s life would not be viewed as an “imminent and actual harm to national security”.

This whole bill is just one big printed piece of stupidity!

This totally violates the Equal Protection amendment in the US Constitution!

Article XIV.

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

So if my local police cannot question a journalist because of some special law, then they should not be able to question anyone!

Why should the journalist that knows the name of a criminal get more protection than a non-journalist that knows the name of a criminal? Both know the name. And law enforcement should be able to question any and all even if it is not an issue of national security! And aside from naming a source, law enforcement should be able to get answers without any respect to order because of occupation. The proposed bill mentions that EVERYBODY other than the journalist would have to be questioned first:

(a) Conditions for Compelled Disclosure- A Federal entity may not compel a covered person to testify or produce any document in any proceeding or in connection with any issue arising under Federal law unless a court determines by clear and convincing evidence, after providing notice and an opportunity to be heard to the covered person–

(1) that the party seeking to compel production of such testimony or document has unsuccessfully attempted to obtain such testimony or document from all persons from which such testimony or document could reasonably be obtained other than a covered person;

If passed into law, this would REALLY turn the news media into the Liberal Elite! The news media is not a government body or operative. So they do not need any special protection. AND THAT’S WHY OUR NATION’S FOUNDERS AND ALL FOREFATHERS BEFORE US NEVER GAVE THEM ANY!



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