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Texas Senate passes House bill to shield journalists' sources
April 29, 2009

With the measure by Sen. Rodney Ellis, D-Houston, Texas would join 36 other states that have laws protecting reporters and their sources from court orders for confidential sources to be revealed.

Written by Terrence Stutz, The Dallas Morning News

Ellis

AUSTIN – Journalists in Texas would be protected from being forced to disclose or testify about their confidential sources under legislation that the Senate passed unanimously Tuesday.

With the measure by Sen. Rodney Ellis, D-Houston, Texas would join 36 other states that have laws protecting reporters and their sources from court orders for confidential sources to be revealed.

Representatives for media organizations and prosecutors across the state helped hammer out the compromise bill, which has passed the House. The bill must return to the House for concurrence in minor Senate amendments.

"After four years of sometimes intense debate, both the House and Senate have agreed on the principle that the press plays a vitally important role in our democracy and must be protected from government intimidation," Ellis said.

"With the face of journalism and law enforcement rapidly changing in the 21st century, it is time for Texas to pass the Free Flow of Information Act to ensure journalists and their sources are protected in their jobs of keeping the public informed."

The so-called shield law would require that an independent judge review all police and court orders demanding that reporters turn over their notes or identify their sources.

Journalists would not be protected from revealing information if they knew their source had committed a felony, or if the information could prevent certain death or bodily harm to an individual. They also would have to turn over information received in violation of a grand jury oath.

Before the bill passed, Sen. Tommy Williams, R-The Woodlands, sought an amendment requiring that newspapers and other media publish a disclaimer for any story relying on confidential sources. The disclaimer would have stated that the newspaper either verified or didn't verify the information. If not verified, the disclaimer would have said the newspaper could not guarantee the truthfulness of the story.

Sen. Robert Duncan, R-Lubbock, objected to the amendment, calling it an "inappropriate restraint" on the media that was probably unconstitutional.

"It is not the job of the Texas Legislature to instruct the news media about what to put in their stories," Duncan said, noting that the media is supposed to serve as a "check and balance" on the Legislature.

Most independent bloggers would not qualify for protection under the bill because it defines journalists as people who get a significant portion of income from news gathering.

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