Sources won't dry up without shield laws.(PRO/CON)

SURELY THE RIGHT to publish carries with it a right to gather information.

But does that, in turn, translate into a right to protect secret sources? I'm not yet persuaded that we need a federal law shielding news media from "compelled disclosure of information."

It's being sold as a way to make sure whistleblowers come forward and information the public needs isn't stifled. But just a look at recent awards from Investigative Reporters and Editors shows that the art of uncovering and disseminating sensitive material is flourishing.

Most shield laws set up a legal test under which journalists wouldn't have to testify about unnamed sources or hand over notes unless the reporters have critical information that can't be obtained elsewhere and the public interest tips in favor of testimony.

It's ironic that a proposal moving through Congress probably wouldn't have helped the journalists whose cases have stirred up the frenzy about a federal shield law.

Judith Miller went to jail instead of revealing that vice presidential aide Scooter Libby told her the name of CIA operative Valerie Plame Wilson. Under H.R. 985, the shield wouldn't apply when it's "essential" to learn who "disclosed properly classified information" without authorization.

Toni Locy was found in contempt of court for not revealing who leaked her background about Steven Hatfill, a former government scientist who sued the Justice Department because agents improperly talked about him while investigating the source of letters containing anthrax. The federal shield wouldn't apply when a source disclosed "nonpublic personal information."

Of course journalists need their sources to trust them, and we shouldn't be tools for the government. But information won't dry up without shield laws.

It seems to me that a shield law mainly would save journalists and their lawyers from the time and expense of getting subpoenas dismissed. That's not an insignificant interest. But we should be honest about what we're trying to accomplish.

NCEW board member Linda P. Campbell is an editorial writer/ columnist for the Fort Worth Star-Telegram. Email lcampbell@star-telegram.com

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