Bill Text: NJ ACR201 | 2012-2013 | Regular Session | Introduced
Bill Title: Requests the President and Congress to enact a federal shield law for journalists.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2013-06-27 - Introduced, Referred to Assembly Judiciary Committee [ACR201 Detail]
Download: New_Jersey-2012-ACR201-Introduced.html
ASSEMBLY CONCURRENT RESOLUTION No. 201
STATE OF NEW JERSEY
215th LEGISLATURE
INTRODUCED JUNE 27, 2013
Sponsored by:
Assemblywoman AMY H. HANDLIN
District 13 (Monmouth)
SYNOPSIS
Requests the President and Congress to enact a federal shield law for journalists.
CURRENT VERSION OF TEXT
As introduced.
A Concurrent Resolution requesting the President and Congress of the United States to enact a federal shield law for journalists.
Whereas, In the course of investigating a possible leak of classified information to the Associated Press, the United States Justice Department obtained the April and May 2012 records of 20 different phone lines belonging to Associated Press reporters; and
Whereas, The Associated Press was not informed about the Justice Department's request or given an opportunity to quash a subpoena for the records, which included reporters' office and home phones; and
Whereas, In May 2013, press reports revealed that the Justice Department had also seized phone and email records belonging to a Fox News reporter who had written a 2009 article about North Korea's nuclear program; and
Whereas, Following a public outcry about the seizure of the reporters' records, President Obama announced in May 2013 that the Justice Department would be reviewing its guidelines, that he was "troubled" by the developments and that journalists should not be "at legal risk" for doing their jobs; and
Whereas, The President further asked Congress to enact federal shield law legislation to help reporters protect the identity of their sources; and
Whereas, In response, Federal bills S.987, sponsored by Sen. Charles Schumer, and H.R.1962, both titled the "Free Flow of Information Act of 2013," were introduced in the 113th Congress in May 2013; and
Whereas, The bills would establish a federal shield law, granting journalists notice and an opportunity to challenge any federal subpoena seeking phone records or other information identifying a source, except where the court finds that the records or information would materially assist the government in preventing terrorism or other significant harm to national security; and
Whereas, Thirty-two states, including New Jersey, and the District of Columbia have statutory shield laws, and a number of state courts have also recognized a privilege for journalists to not disclose information about their sources in judicial proceedings, unless the party requesting the disclosure can establish a compelling need; now, therefore,
Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):
1. The President and Congress of the United States are respectfully requested to enact a shield law for journalists that would grant journalists notice and an opportunity to be heard in federal court in order to challenge any federal subpoena seeking phone records or other information identifying a source.
2. Duly authenticated copies of this resolution, signed by the Speaker of the General Assembly and President of the Senate and attested by the Clerk of the General Assembly and the Secretary of the Senate, shall be transmitted to the President and Vice-President of the United States, the Majority and Minority Leaders of the United States Senate, the Speaker and Minority Leader of the United States House of Representatives, and every member of Congress elected from this State.
STATEMENT
This concurrent resolution requests the President and Congress to enact a federal shield law for journalists. A shield law would grant journalists notice and an opportunity to be heard in federal court in order to challenge a federal subpoena seeking phone records or other information identifying a source.
The concurrent resolution states that, in the course of investigating a possible leak of classified information to the Associated Press, the United States Justice Department obtained the April and May 2012 records of 20 different phone lines belonging to Associated Press reporters. The Associated Press was not informed or given an opportunity to quash a subpoena for the phone records, which included reporters' office and home phones. In May 2013, press reports revealed that the Justice Department had also seized phone and email records belonging to a Fox News reporter who had written a 2009 article about North Korea's nuclear program. In May 2013, following a public outcry about the seizure of the reporters' records, President Obama announced that the Justice Department would be reviewing its guidelines, that he was "troubled" by the developments and that journalists should not be "at legal risk" for doing their jobs. The President further asked Congress to enact federal shield law legislation to help reporters protect the identity of their sources. In response, Federal bills S.987, sponsored by Sen. Charles Schumer, and H.R.1962, both titled the "Free Flow of Information Act of 2013," were introduced in the 113th Congress in May 2013. The bills would establish a federal shield law, granting journalists notice and an opportunity to be heard in court in order to challenge any federal subpoena seeking phone records or other information identifying a source, except where the court finds that the records or information would materially assist the government in preventing terrorism or other significant harm to national security. The concurrent resolution also notes that 32 states and the District of Columbia, including New Jersey, have statutory shield laws, and a number of state courts have also recognized a privilege for journalists to not disclose information about their sources in judicial proceedings, unless the party requesting the disclosure can establish a compelling need.
