October 16, 2007 – Congressman Trent Franks (AZ-02) today voted to pass H.R. 2102, the Free Flow of Information Act, or the federal media shield bill.

“A free and independent press is one of the most vital characteristics of our free democratic Republic.” Franks stated.  “As a Member of the Armed Services Committee, I also realize the importance of reconciling this truth with policy that will not jeopardize our national security or hinder law enforcement from critical apprehensions in criminal or civil matters.  More than even protecting journalists and their sources, this protection allows reporters to make an assurance of confidentiality to sources that, in turn, will enable those sources to disclose information often vital to the public forum.

“Thomas Jefferson said, ‘Our liberty cannot be guarded but by the freedom of the press, nor that limited without danger of losing it,’ and that concept was permanently established in the words of the First Amendment: ‘Congress shall make no law…abridging the freedom of speech, or of the press.’  To that end, the bill I voted for today was crafted with the intention of protecting the very mechanism of an independent press that facilitates transparency and accountability in bureaucracies like the United States Congress, without compromising the administration of justice and our national defense.”

The Free Flow of Information Act was passed out of the Committee on the Judiciary with bipartisan support on October 10, 2007.  The bill establishes new federal protections for journalists and specific criteria that federal entities must meet in order to compel a journalist to testify or to produce any documents related to information obtained or created by that journalist as part of engaging in journalism. The protections established in H.R. 2102 specifically do not apply to any person who is an agent of a foreign power or to any organization designated by the Secretary of State as a foreign terrorist organization.