WA Senate passes reporter shield law

OLYMPIA - The state Senate today overwhelmingly passed a measure that would keep journalists who refuse to reveal confidential sources out of jail, a protection one lawmaker argued gave the press too much power.

The measure passed on a 41-7 bipartisan vote, with one lawmaker excused. The House unanimously passed a similar measure last month, and leaders will decide which bill will move forward to Gov. Chris Gregoire.

The bill would grant reporters absolute privilege for protecting confidential sources - the same exemption from testifying in court that is granted to spouses, attorneys, clergy and police officers.

Sen. Adam Kline, D-Seattle, the bill's main sponsor, said it was necessary to give the public "greater opportunity to know what's going on in this world, because somebody out there who may have some very sensitive information is now going to be more willing to come forward with it.

"It's for our benefit, it's for the benefit of the voters."

Currently, Washington has no shield law, but its courts have ruled in favor of qualified privilege based on the First Amendment and on common law.

The proposed law would provide a more limited privilege on materials such as unpublished notes and tapes. Under its provisions, the media could be forced to disclose that information under certain circumstances, including when a judge finds it is necessary in a criminal or civil case and the material cannot be obtained elsewhere.

Sen. Mike Carrell, R-Lakewood, unsuccessfully tried to amend the measure to allow courts to compel the disclosure of a source's identity under certain circumstances.

"Do you really believe that we should allow a reporter to hide behind a paper shield and say, 'I'm sorry, I don't have to tell anybody, even behind closed doors, the truth of what happened or to say where I got the information?'" he asked. "If that person is the only way you can possibly find the truth, shouldn't that be revealed?"

This is the second year the measure is before the Legislature. Last year, it overwhelming passed the House only to get stopped in the Senate, where it was never brought up for a floor vote.

One Democrat who was strongly opposed to the bill last year, Sen. Brian Weinstein, of Mercer Island, said he changed his mind after hearing public testimony from a TV reporter on her experience using confidential sources.

"I think the scales of justice are balanced here," he said, but acknowledged some of the concerns that Carrell expressed. "We are giving a very, very awesome power to the news media and I hope they use it in the public interest."

The bill defines a member of the media as anyone who is in the regular business of news gathering for publishing or broadcasting. Generally, authors of occasional opinion pieces or Internet bloggers would not be covered.

Thirty-two states and the District of Columbia have enacted shield laws. A federal shield law had been considered in the 109th Congress, but no law was passed last year.

The Reporters Committee for Freedom of the Press said four other states also are considering shield laws this year: Utah, Missouri, Massachusetts and Texas.