In response to embarrassment from revelations that reporters’ phones were tapped by the Obama Administration’s Justice Department, the President has endorsed a legislative proposal currently before the U.S. Senate that at first glance appears to move in the direction of enhancing press freedom.
Far more than his predecessors, Mr. Obama has been sharply critical of news organizations that have not given substantial support to his policies, despite the fact that in both his 2008 and 2012 campaigns he enjoyed overwhelming media support. Despite the plethora of scandals and missteps his Administration has faced, he continues to receive little in the way of rough questioning at White House Press conferences. The main reason may be that news organizations considered unsupportive have had difficulty gaining access to key officials for interviews or background briefings.
On the face of it, S. 987, the “Free Flow of Information Act” introduced by Senator Schumer (D-NY) appears to be a measure designed to protect press freedom by protecting reporters from disclosing sources. However, the text of the bill reveals a major and dangerous flaw. It only applies to “covered journalists,” who are described as individuals and their supervisors who have the “primary intent” to report news.
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Adding the phrase “covered” gives the government the ability to claim that an individual is not included in S. 987. It opens the door to claims that a critical journalist is actually a partisan of the opposition party rather than a “covered” reporter. It also raises substantive concerns that “new media” journalists –those working primarily in the internet or talk radio—could be denied the legislation’s protections.
The entire concept of the federal government defining who is a journalist and who is not presents a significant chilling of freedom of the press guarantees.