Protecting our First Amendment Rights by Terry Martin

[Tim Lintz]

The Washington elite have come up with another way to subvert our Constitution and incrementally take away more of our constitutional rights. This time the Senate Judiciary Committee has moved forward a bill S-987 called the “Free Flow of Information Act of 2013” originally co-sponsored by Charles Schumer (D-NY) and Lindsey Graham (R-NC). This “shield law’ legislation was purportedly written to protect journalists from being compelled by the federal government to disclose information about their confidential sources…that’s how honest journalists are supposed to keep the government in check, but the real story is Senator Dianne Feinstein’s amendment to the bill. During discussion on the bill she insisted that the committee “create and limit the definition of a “reporter”. Feinstein said that she cannot support everyone who writes for a blog or web site what you and I would call the alternative media with “special privilege”. Feinstein’s amendment to the bill covers “real” journalists on several defined levels including full time, freelancers, part-timers and student journalists. This Trojan Horse amendment doesn’t actually cover anyone because it goes on to allow the Feds to “compel disclosure” from journalists who have information that could stop or prevent crimes, prevent acts of terrorism or information that could cause “significant harm to national security”.  A true “shield law” protects journalists from providing this type of information on their confidential sources. Legitimate “shield laws” already exist in 31states, and are supported by a 1972 U.S. Supreme Court decision that declared them to be Constitutional.

The real issue here is that Congress through this proposed legislation is attempting to pass a law to “define a privilege” that is not a privilege at all. Freedom of the press is a right given to all Americans by the U.S. Constitution. The biggest difference between a right and a privilege… one can be revoked and the other cannot. So when Senator Feinstein claims that protecting a “real reporter” is important but protecting the rights of someone on a website or blog is not, she and other members of Congress are attempting to define who has permission to speak and who does not. That does more than limit the freedom of the press, it limits our freedom of speech… and both are protected by the U.S. Constitution. 

The first amendment states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievance”. If we are a country governed by law, and the U.S. Constitution is the supreme law of the land, we cannot stand by and allow our representatives to pass S987. Please join with other concerned Americans and contact Senators Debbie Stabenow and Carl Levin and Representative Candice Miller asking them to reject this or any similar Un-Constitutional legislation.