Hope for federal shield law fades

As a journalism professor, I’ve learned many lessons from the trial of I. Lewis “Scooter” Libby. Chief among those is that I should amend my teaching on shield laws. No longer will I offer students reasons why a federal shield law is necessary for reporters. Instead, I’ll share a more sobering message: It’s not going to happen.

Before Scooter Libby was even a bit player in Patrick Fitzgerald’s taxpayer-funded political drama, I referenced Judith Miller of The New York Times and Matthew Cooper of Time as examples for students of the pitfalls of using unnamed sources on national stories without a federal shield law in place. Most aspiring journalists don’t think of themselves as potential criminals, nor do they recognize that jail time is an occupational hazard.

Initially, the Valerie Plame leak offered a “teachable moment.” However, what could have been a clarion call for reporters’ rights became an embarrassing chronicle of reporters’ wrongs. Now, free press advocates have taken giant leaps away from, rather than small steps toward, the goal of establishing a federal shield law.