Washington House Democrats

House Judiciary Committee passes Freedom of Press measures

Bills would protect reporter sources and guarantee free press for students

January 31, 2007

OLYMPIA – Thomas Jefferson once said, “Our liberty depends on the freedom of the press...” Wednesday the House Judiciary Committee took aim at protecting those liberties for Washington reporters—both young and old—with the passage of two pieces of legislation.

The first of the measures, sponsored by Rep. Lynn Kessler (D-Hoquiam), is dubbed the “Reporter Shield Law.” The bill protects reporters from being compelled to testify by the courts in legal proceedings.

In 2005, New York Times reporter Judith Miller was sent to jail because she would not reveal the source of information used in a controversial news article. House bill 1336 protects any member of the media from being compelled to testify, produce, or disclose the identity of a source of news or information, or any information that would tend to identify the source in such cases.

“The press plays an incredibly important role in our society,” said Rep. Patricia Lantz (D-Gig Harbor), a sponsor of the measure and chair of the committee. “We rely on the press to act as watchdogs for government and business, and, in that role, they often rely on confidential sources.”

The reporter shield legislation passed the House last year but faced some opposition in the Senate. Kessler is optimistic about its chances this year.

"It is a top priority," Kessler said. "This isn't just about protecting reporters, it is about protecting those who step up and blow the whistle on injustices in the world. We have to make sure we protect these individuals who would risk everything to do the right thing, as well as make sure our citizens have a free and open press."

The second measure to pass out of committee was a bill sponsored by Rep. Dave Upthegrove (D-Des Moines) that protects the rights of student newspapers.

In October 2005, Everett High School's newspaper, The Kodak, was shut down when student editors refused to allow administrators to have final say in the paper’s content.

Throughout the state most high school papers are subject to prior restraint, a policy whereby school administrators exercise final approval on the content of school papers. Upthegrove’s bill would ban such a practice.

“Learning about the protections that are guaranteed to us in the Bill of Rights is essential if we want students to grow up know that it’s ok to express their opinions,” said Upthegrove. “Whether students or professionals, reporters are a vital part of the checks and balance in our country—they need to be protected.”

House bill 1307 applies strictly to the news and editorial content of a paper. The bill would release school districts from liability for the content of the newspaper and does not apply to libelous or obscene material. Also included in the student press-freedom legislation are state colleges and universities.

“First amendment rights don’t stop at the school steps,” said Lantz. “I have been nothing but impressed by these students and how seriously they have taken this great responsibility.”

Both measures await final passage from the House.

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Contact:

Rep. Lynn Kessler (360) 786-7904

Rep. Patricia Lantz (360) 786-7964

Rep. Dave Upthegrove (360) 786-7868

Staff Contact: Derek Baker (360) 786-7697

Radio and TV News Directors: To obtain broadcast-quality audio on this issue, or to arrange for TV or radio interviews, please contact Dan Frizzell, caucus broadcast coordinator, at frizzell.dan@leg.wa.gov or (360) 786-7208