McKenna plans bill to shield reporters

State Attorney General Rob McKenna plans to have a bill introduced next year that would shield reporters from having to reveal confidential sources.

Washington currently doesn't have a statutory shield law. However, the state has what is considered a qualified privilege based on past court rulings. That means reporters could be forced by a court to reveal their sources if certain conditions were met.

The measure McKenna proposes would provide complete protection for confidential sources.

McKenna said he believes reporters need the ability to use confidential sources to uncover wrongdoing and cover controversial stories.

"I believe the media's ability to use confidential sources and protect the identity of those sources ... are really important to their ability to report not only on government activity but private-sector activity," he said.

A recent case involving New York Times reporter Judith Miller highlights the need, he said. Miller spent 85 days in jail for refusing to testify and disclose the name of a source for a federal investigation into a CIA leak case. A special prosecutor is trying to determine who leaked the name of covert CIA officer Valerie Plame.

Miller finally agreed to testify in September after being encouraged to do so by her source, I. Lewis "Scooter" Libby, Vice President Dick Cheney's chief of staff. Libby has since been indicted on charges of lying to federal agents and obstructing justice in the leak investigation. He denies the charges.

The shield law proposed by McKenna would apply only to state cases. Reporters who get involved in federal investigations could still face the same type of trouble Miller ran into.

Thirty-one states and the District of Columbia have enacted statutory shield laws to protect reporters, and federal shield legislation is being considered in Congress, according to McKenna's office.

Rowland Thompson, executive director of the Allied Daily Newspapers of Washington, said it's rare for reporters in Washington state to be asked to reveal their sources, but it does happen. So far, the limited protection in place has worked, he said.

"I've been in this job for 16 years and there hasn't been a reporter who has turned over anything in this state in that length of time," Thompson said.

Still, McKenna's proposal would be good for journalists, he said. "It would make it clear the state protects the First Amendment privilege for reporters."

McKenna agreed. "Someone might say we don't need it; we've only had a few cases. But not having it can chill the speech of a confidential source. You don't have to have a case where someone is being put in stocks in the public square for this to be a good idea. It will encourage confidential sources to reveal important information to the media."

McKenna said he expects his bill to be introduced in the state Senate by a Democratic and a Republican senator.

In addition to providing protection for confidential sources, the measure also would clarify current law dealing with partial protection of reporters' notes and source material, he said.

Andrew Garber: 360-943-9882 or agarber@seattletimes.com