Leaders of the Society of Professional Journalists welcome the compromise the Obama administration, senators and news organizations reached on a federal shield law that would protect journalists, their sources and the public’s right to know. Although SPJ does not believe S. 448 is a perfect bill, the Society’s leaders carefully examined the proposed legislation, and on behalf of its more than 8,000 members, have decided to support the protections granted to journalists.

SPJ now urges the Senate Judiciary Committee to pass S. 448 quickly so that the full Senate can consider the piece of legislation that is vitally important to a free and independent press. 

“As one of the largest journalism organizations in the country, and with the most potentially affected by federal shield law protection, we are not where we had hoped to be with this legislation,” said SPJ President Kevin Smith. “However, after meticulously and attentively deliberating the language of the new bill and vetting it via counsel and the SPJ Government Relations Committee in order to completely understand the impact of the legislation, SPJ is supporting this latest compromise and hopes for its quick passage from the Senate Judiciary Committee tomorrow.”

The compromise is welcome news after the White House proposed changes to S. 448 at the beginning of October that would have essentially rendered the bill useless. The changes would have weakened the previously proposed shield law and offered little to no protection for reporters who refuse to disclose confidential sources. SPJ rejected those changes and its members supported the Society’s efforts by contacting Senate Judiciary Committee members and the White House.

Although SPJ leaders are pleased with many of the revisions in the latest compromise, such as a broader definition of who will be covered, they are disappointed that the new bill does not cover “non-confidential” information. In practical terms, this would include any interview notes, unpublished footage or other material in which there was no prior confidentiality agreement.

However, SPJ is pleased that the revised legislation provides a shield for journalists protecting their confidential sources in criminal and civil proceedings. The bill covers subpoenas issued by grand juries and special prosecutors, in addition to prosecutors, civil litigants and criminal defendants. This revision requires that the party seeking confidential information first exhausts alternative sources; proves that there is a high need for the information; and conducts a public-interest balancing test before a federal court will compel disclosure of source information. 

In criminal cases, reporters may be forced to demonstrate that there is clear, convincing evidence that the public’s right to know is more important than disclosure of requested information. However, in civil proceedings, the legislation provides more protection, including in cases regarding the Privacy Act. The legislation also states that federal judgesmay overturn subpoenas for reporters’ testimony if the judges determine that the public’s right to know outweighs the need for the government to know the source. 

Another change in the legislation that is attracting attention is the inclusion of bloggers, freelance journalists and student journalists to the definition of protected individuals. To define a journalist, a test is applied to assess if the person is regularly gathering information for public dissemination, instead of by whether or not the journalist is paid by a news organization — a definition that was included in previous drafts of the bill. 

Stipulations that have not changed in this version refer to the treatment of information regarding terrorist activity and harm to national security. The compromise also does not allow protections for journalists when information is required to stop or prevent death, kidnapping or substantial bodily harm. 

“All along this bill-drafting process we have strongly advocated the protection of journalists and their sources from unnecessary federal intrusion,” Smith said. “We hope soon we can tell the American public that journalists now have some protection to help ensure the stories that matter to Americans will continue to be told for their benefit and the press’ watchdog role on the government has been strengthened.”

SPJ is the largest of many media organizations that have supported a federal shield law for years, joined by the Newspaper Association of American, Reporters Committee for Freedom of the Press, Radio Television Digital News Association, and Investigative Reports and Editors, among others.

Founded in 1909 as Sigma Delta Chi, SPJ promotes the free flow of information vital to a well-informed citizenry; works to inspire and educate the next generation of journalists; and protects First Amendment guarantees of freedom of speech and press. For more information about SPJ, please visit www.spj.org.

The First Amendment Coalition invites you to a unique day-long conference on issues in journalism, technology and public policy- explained and debated by leading experts from the standpoint of freedom of speech and freedom of information. Admission is FREE, but to secure one of only 25 spaces still available, you have to register NOW:
http://www.firstamendmentcoalition.org/events/

When: Saturday, Oct. 24

Where: Southwestern Law School’s Biederman Entertainment and Media Law Institute in Los Angeles.

 The event is FAC’s annual Free Speech and Open Government Assembly, jointly sponsored by the Coalition, the Biederman Institute and the McCormick Foundation.

For our colleagues in the ethnic media, some sessions will be conducted in Spanish and Vietnamese, as well as English.

The program includes panel discussions on topics ranging from journalists’ use of social media for reporting, to new online tools to track the influence of money on legislation, to journalism training sessions on how to get sophisticated, insider news stories (and avoid being “spun” by government officials on one hand, or union officials on the other) about: local police and the criminal justice system;  public school financing and the ranking of schools and teachers; salaries and pensions of government employees; and much more.

You’ll hear from featured speakers:

• 2009 Pulitzer Prize winner (“public interest” category) and Wall Street Journal reporter Alexandra Berzon (in a conversation with LA Times media columnist James Rainey)
• Alex Jones, author of the just-released “Losing the News” and director of Harvard University’s Shorenstein Center on the Press, Politics and Public Policy.

Enjoy debates among our expert panelists, including: Dan Gillmor, Director, Knight Center for Digital Media Entrepreneurship; Geneva Overholser, Director  of the USC Annenberg School of Journalism;  Claudia Nuñez, La Opinion; Evan Hansen, Editor-in-Chief, Wired.com; Neil Budde, President, DailyMe; Ricardo Sandoval, Sacramento Bee; Mary Perry, EdSource; Kathryn Baron, Fellow, UC Berkeley; and LA Times reporters Mitchell Landsberg and Matt Lait.

 Check out the full program at

http://www.firstamendmentcoalition.org/2009/09/assembly 

In addition to the regular sessions, the event will afford opportunities for informal conversations and socializing for the journalists, lawyers, academics, students, public officials, community activists and other guests.

All this is FREE, thanks to FAC’s sponsors and contributors. However,  there are only 25 free spaces still available. To reserve one, RSVP NOW at the Assembly registration page . . .
http://www.firstamendmentcoalition.org/events

. . .or send an e-mail to cfac@cfac.org (with your full name email and phone number).

 JOIN US TUESDAY, OCT. 20th @6:30 p.m.

You’ve seen him at crime scenes. Here’s your chance to hang out with Craig Harvey outside the yellow tape!

The Greater LA Chapter of the Society of Professional Journalists invites you to join us for a Halloween mixer – featuring the chief investigator for the LA County Department of Coroner - on Tuesday, Oct. 20 in downtown LA.

The mixer is free and open to all! Please let us know you’re coming by sending an e-mail to: spjlosangeles@gmail.com

Founded in 1909 as Sigma Delta Chi, SPJ promotes the free flow of information vital to a well-informed citizenry; works to inspire and educate the next generation of journalists; and protects First Amendment guarantees of freedom of speech and press. To learn more about SPJ-LA, please click here: http://spjla.wordpress.com/about/

WHAT: SPJ-LA’s Halloween Mixer
WHO: Our guest will be Craig Harvey, chief investigator, LA County Department of Coroner
WHEN: 6:30 p.m. on Tuesday, Oct. 20
WHERE: We’ll meet in the back room at the Redwood Bar and Grill, 316 W. 2nd Street in downtown L.A.; 213-680-2600. Street and lot parking is available in the area. The bar is close to the Civic Center Red Line Metro stop.
COST: It’s free fun for all! (You’ll have to buy your own drinks. Happy hour ends at 7 p.m. so get your drinks early!)

The Radio and Television News Association of Southern California invites you to attend the news networking event of the year! Mark your calendars, and see attached flyer.

“Making or Breaking News: The State of the News Business 2009″

Our networking reception and discussion will be held at UCLA on Monday, October 19th, 2009.

Here are the highlights:

KEYNOTE SPEAKER:

Harvey Levin – Founder of TMZ

PANEL MEMBERS: 

Andy Ludlum – Program Director, KNX 1070 Newsradio and KFWB News/Talk 980

Jose Rios – VP and News Director, KTTV-TV and KCOP-TV

Kris Knutsen - Managing Editor, Local News Service

MODERATOR: Frank Mottek

WHEN: Monday, October 19th, 2009

Hors d’Oeuvres Reception: 6:00 – 7:00 PM

Program: 7:00 – 8:30 PM

Dessert Reception: 8:30 – 9:15 PM

WHERE: Lenart Auditorium, Fowler Museum of Cultural History, UCLA

PARKING: Convenient parking in Lot 4 on the UCLA campus.

Enter UCLA from Sunset Blvd. at Westwood Plaza. Drive ahead to the Parking Information Booth in Lot 4.

PARKING COST: $10.-  

ADMISSION COST: General Admission -$20 Students w/ID - $10

                                            UCLA Students and Faculty - Free

Reserve your place NOW by calling RTNA: 562-987-4545 or e-mailing rtnasc@rtna.org

SPONSORS:

Western States Petroleum Association

UCLA

City News Service

California State University, Northridge’s Journalism Department faculty and students are gearing up for the annual High School Journalism Workshop and Skills Competition, Saturday, Oct. 17, on the San Fernando Valley campus.

 This “Generation J” event is co-sponsored by the Greater Los Angeles chapter of the Society of Professional Journalists and supported by generous donations from SPJ LA and Avid Technology, Inc.

 More than 150 young journalists and their advisers from dozens of Southern California public and private schools and youth media projects are expected at the all-day conference. The “Generation J” project is designed to give the high school journalism students opportunities to connect with newsroom professionals in a wide variety of workshops, and to test their skills in writing and visual communication contests. “Generation J” is an SPJ national project to help young journalists build the newsrooms of tomorrow.

 News, features, opinion, broadcast and multimedia storytelling are among the conference topics, along with sessions designed for the advisers. CSUN Journalism faculty members also participate in the presentations. Students from the campus SPJ chapter are involved in planning and staffing the event, which is held in Manzanita Hall on the Northridge campus.

 For more information, contact Linda Bowen in the CSUN Journalism Department, at linda.s.bowen@csun.edu or at 818-677-3238.

SPJ leaders are outraged that the Obama administration has reversed course and is now proposing changes that essentially render useless S. 448, more commonly known as the Free Flow of Information Act. If implemented, the administration’s changes would weaken the proposed shield law and offer little to no protection to reporters who refuse to disclose confidential sources.

Click here for the SPJ news release.

Most frustrating to SPJ is that the administration’s latest stance is an about face to the support the administration gave early in the process. The revisions are in direct opposition to the promises President Obama made regarding a federal shield law during his campaign and his previous actions as a senator.

It is up to us now to hold President Obama to his promise and to encourage the administration to reconsider its position and focus on the importance of a federal shield law and how vital it is to the existence of a free press and an informed citizenry.

Voice your support!

One way we encourage you – and all journalists – to support S. 448 is by writing editorials or asking your news outlet to write editorials about the federal shield law. Let’s use our tools to help the Obama administration get back on track.

Another more direct option is to contact the White House directly. Use this online contact form to express your disappointment for the revisions the administration made to the federal shield law bill. SPJ provides the following letter, which you can copy and paste into the White House’s online contact form, as an option for your correspondence to President Obama. We also encourage you to write your own letter to show the varying opinions from our members:

Dear President Obama,

I am writing to voice my concern with your administration’s attempts to weaken S. 448 – the Free Flow of Information Act, otherwise known as the federal shield law. As a member of the Society of Professional Journalists, I support a strong and vibrant federal law that protects journalists, their confidential sources, and the public’s right to know crucial information about its government.

You supported this bill as a senator while campaigning and even signed on as a cosponsor in April 2008. Were you serious about supporting a free press and upholding the public’s right to know, or was that merely a passing and forgotten campaign promise?

Unfortunately, the bill has been the victim of misinformation attacks and derailment from naysayers who don’t think journalists should have such federal protections. I urge you not to believe those who say the proposed law would threaten national security or hinder the ability of law enforcement officers to do their jobs. That is not true. What’s true is that journalists are hindered from doing their jobs when the possibility of subpoena and federal prosecution is present. This has a devastating ripple effect – keeping essential whistleblowers silent and putting more distance between the American people and their government.

This bill, as passed by the House in March 2009, is important to a free press and a vibrant democracy. I urge you to keep your campaign promise to support this bill. When you were a senator, you supported the bill in its previous form and signed on as a cosponsor. It would be an absolute disappointment for your administration to further advocate weakening its needed protections.

To learn more about the Obama administration’s revisions, read the New York Times article published yesterday and visit spj.org for more information on shield law efforts and S. 448. If you have any questions, please contact us.

Additionally, to help you craft your own personal statement, SPJ’s legal counsel from Baker and Hostetler provided myths about the bill that have circulated through Congress. Each myth is countered by a fact. Please feel free to use these points when developing your argument.

Myth: A federal shield law is unnecessary because the Justice Department has subpoenaed reporters in only 19 cases from 1992 to 2006.

The reality: This statistic, offered by a Bush administration lawyer in 2007, is irrelevant and inaccurate. First, it ignores hundreds of subpoenas from criminal defendants, civil litigants, and special prosecutors, all of which would be covered by S. 448.. A recent academic study concluded that in 2006 alone, news outlets received 774 federal subpoenas from a wide range of sources. Second, the statistic you note also underestimates the number of subpoenas that came from the Department of Justice. For instance, according to the same recent study, reporters received 175 subpoenas from the DOJ Criminal Division in 2006 alone – and that was only among the news organizations that responded to the survey used to tabulate the data. Study aside, public records alone indicate that far more than 19 reporters were subpoenaed for confidential source information during this period. Indeed, four reporters spent significant amounts of time in jail.

Myth: The DOJ already has stringent rules for subpoenaing journalists.

The reality: The DOJ rules are helpful, but they could be changed at any time and they do not create binding obligations that can be enforced by a reporter who receives a subpoena. And again, they do not apply to the thousands of subpoenas from criminal defendants, civil litigants, or special prosecutors. Finally, even as to DOJ subpoenas, neutral judicial review is necessary to ensure that the subpoena power is not abused; for instance, to ensure that DOJ is not seeking to identify a confidential source who informed the public about, say, misconduct at DOJ itself. To have the same department that issues subpoenas to journalists and has a vested interest in obtaining the information sought review them to ensure that the journalists’ role in society is protected is an inherent conflict of interest.

Myth: S. 448 makes it extremely difficult to subpoena source material from reporters. Among other things, a federal court must generally weigh the need for the information versus the need for a “free flow of information,” a new and undefined term susceptible to different interpretations by different judges.

The reality: The decisions of all trial-level judges are subject to review by appellate courts and the U.S. Supreme Court. To the extent that there are modest differences in application of the Act by courts in different regions, the Supreme Court can and will resolve them – this is no different from the way all other case law interpreting federal statutes develops every day.

Myth: S. 448 would impede national security investigations because the Act requires the government to show that information would “materially assist” in preventing, mitigating or identifying the perpetrator of an act of terrorism.

The reality: The Act imposes a minimal burden on the government – to demonstrate that its assertion of harm to “national security” has some basis in fact. Without this protection, the government could require reporters to identify their confidential sources merely by uttering the words “national security” – even when the information provided by the confidential source informed the public about government wrongdoing and even when the information did not actually relate to national security. Moreover, as the precedent from post-September 11 litigation has demonstrated, courts routinely defer to the government in national security cases.

Finally, thank you for your support of this critically important shield law effort. It is because of dedicated members like you that SPJ continues to improve and protect journalism – just as we have for the past 100 years.

The Greater Los Angeles chapter of the Society of Professional Journalists is seeking nominations for thechapter’s 2009 Distinguished Journalists Awards, 2009 Distinguished Work in New Media Award and 2009 Freedom of Information Award.
Nomination forms must be submitted by e-mail to Soo Yoon at soo_youn@fastmail.fm or faxed to Roberta Wax at 818-993-5971, no later than Friday Oct. 9. The form is attached below.
The awards will be presented at the SPJ annual awards banquet in the spring of 2010.

Download Application Here: 2009 Award Nominee Form

The Society of Professional Journalists hired Interim Co-Executive Director Joe Skeel as its permanent Executive Director on Sept. 21. Skeel follows Terry Harper, who passed away on June 2 after a two-year battle with brain cancer.

“After an exhaustive search of 180 candidates, we feel we have the best person to lead SPJ into the future,” SPJ President Kevin Smith said. “Joe distinguished himself from the field with his passion for journalism and his intimate understanding of our organization.”

Skeel joined SPJ in December 2004 as editor of Quill magazine, the Society’s magazine that focuses on journalism industry issues and provides how-to content for members. In 2008, he was named Associate Executive Director of SPJ, overseeing SPJ’s communication and membership efforts.

“Joe is passionate about journalism, and passionate about SPJ,” said Steve Geimann, president of the Sigma Delta Chi Foundation, SPJ’s non-profit educational arm. “His enthusiasm for the journalism principles we cherish and defend, and his eagerness to help the journalists we serve and support will assure SPJ remains the leading voice for our profession in the years to come.”

When Harper was diagnosed with brain cancer, Skeel helped manage the day-to-day operations of SPJ and the Sigma Delta Chi Foundation while fulfilling his responsibilities as Associate Executive Director.

Smith went on to say that Skeel, who will also serve as executive director of the Sigma Delta Chi Foundation, won’t just be a good leader for the Society, but he will have a much needed stabilizing effect on its national headquarters after several years of difficulties surrounding Harper’s illness.

“It’s been a pleasure to have Joe serving SPJ over the years and I think the membership will come to quickly realize that he has everything this organization needs to be the executive director, not just in name but in his vision for our organization,” Smith said. “I’m very confident, based on what I knew about Joe and what I learned about him in this interviewing process, that he is the right person to help guide us in the coming years.”

After graduating from Ball State University in 1994 with a B.S. in journalism, Skeel worked in community newspapers around central Indiana for nearly a decade. He held many newsroom positions at the Daily Journal in Franklin and the Republic in Columbus before joining SPJ.

“The current challenges facing journalism and our members are unprecedented,” Skeel said. “My focus will be to ensure that SPJ is providing unparalleled services and support so that our members will be prepared to thrive in whatever climate the future brings.

“At the same time, we will work to cement SPJ as the key voice when it comes to journalism advocacy. As one of the few journalism organizations with the power to lobby Capitol Hill, I want all journalists to know we will continue to fight for their rights.”

The search committee, which was assembled in June, consisted of eight people who collectively have a variety of experiences and backgrounds. The committee included SPJ President Kevin Smith; SPJ President-Elect Hagit Limor; Sigma Delta Chi Foundation President Steve Geimann; SPJ Secretary-Treasurer Darcie Lunsford; former SPJ FOI Committee chairman Ian Marquand; Executive Director of the Reporter’s Committee for Freedom of the Press Lucy Dalglish; University of Alabama journalism professor George Daniels; and Ball State University journalism instructor Renee Petrina.

Founded in 1909 as Sigma Delta Chi, SPJ promotes the free flow of information vital to a well-informed citizenry; works to inspire and educate the next generation of journalists; and protects First Amendment guarantees of freedom of speech and press. For more information about SPJ, please visit www.spj.org.

The Senate Judiciary Committee will discuss S. 448, the Free Flow of Information Act, on Thursday, Sept. 24, at 10 a.m.

After the Committee delayed the discussion and vote on bill S. 448 Thursday, Sept. 17, SPJ encouraged the Committee to reopen discussions post haste. The Society is pleased with the quick turnaround.

S. 448 is pivotal to maintaining a free and independent press. The bill would create a federal shield law that would grant protections to journalists who refuse to reveal confidential sources, even when compelled by a subpoena and the threat of penal action. Currently, journalists and their sources are only protected by privilege statutes or administrative rules in certain states. There is no such protection at the federal level.

Once again, SPJ encourages you to contact your senators now to let them know that a federal shield law is crucial for a free press and the free flow of information. The Society appreciates your support and your voice for this vital piece of legislation. Let your senators know your opinion.

Here is a list of Senate Judiciary Committee members with their office phone numbers (Click on names for more contact information). If you are represented by these senators, please consider contacting them:

Jeff Sessions (R-Ala.), Ranking Member, 202-224-4124
Jon Kyle (R-Ariz.), 202-224-4521
Dianne Feinstein (D-Calif.), 202-224-3841
Edward Kaufman (D-Del.), 202-224-5042
Richard Durbin (D-Ill.), 202-224-2152
Charles Grassley (R-Iowa), 202-224-3744
Benjamin Cardin (D-Md.), 202-224-4524
Amy Klobuchar (D-Minn.), 202-224-3244
Al Franken (D-Minn.), 202-224-5641
Charles Schumer (D-N.Y.), 202-224-6542
Tom Coburn (R-Okla.), 202-224-5754
Arlen Specter (D-Pa.), 202-224-4254
Sheldon Whitehouse (D-R.I.), 202-224-2921
Lindsey Graham (R-S.C.), 202-224-5972
John Cornyn (R-Texas), 202-224-2934
Orrin Hatch (R-Utah), 202-224-5251
Patrick Leahy (D-Vt.), Chairman, 202-224-4242
Herb Kohl (D-Wis.), 202-224-5653
Russell Feingold (D-Wis.), 202-224-5323

You may watch a webcast of the Executive Business Meeting held Thursday, Sept. 24 via this Web site.

LAST CHANCE TO MAKE YOUR RESERVATION!

Date: Tuesday, Sept. 22

Who: Sara Wilson, associate editor, Los Angeles Magazine
John Haas, editor, Marketplace
Stephen Pizzello, editor, American Cinematographer

What: Panel discussion on freelance writing

When: Tuesday, Sept. 22, 2009
6:30 p.m. cocktails; 7 p.m. dinner

Where: Golden Dragon Restaurant
960 N. Broadway, Los Angeles
(213) 626-2039

Cost: $18 for SPJ members and students; $23 for non-members

Parking: Parking is available in a lot adjacent to the restaurant.

RSVP: Reservations are required. Please call the SPJ/LA hotline at

(323) 259-3350 or send an e-mail to SPJLosAngeles@gmail.com

The Society of Professional Journalists is the nation’s largest and most broad-based journalism organization, dedicated to promoting high standards of ethical behavior and encouraging the free practice of journalism. Founded in 1909 as Sigma Delta Chi, SPJ works to inspire and educate the next generation of journalists and protects First Amendment guarantees of freedom of speech and press.