Wisconsin “Shield Law” for reporters up for a vote tomorrow

More than the average citizen, journalists have the tools at their disposal and the motivation to thoroughly scrutinize the goings on in City Hall. Which is why it is a key issue to allow them to maintain the full use of these tools in accomplishing their journalistic duties.

Recognizing this, legislators in Wisconsin have proposed a law to protect reporters.
The bill is called the “Whistleblower Protection Act” and was drafted in consultation with the Wisconsin Newspaper Association, the Wisconsin Broadcasters Association and the Wisconsin Freedom of Information Council. (The Wisconsin Newspaper Association had been urging the passing of such a “shield law” for 20 years.) The bill goes up for a vote in the Wisconsin senate tomorrow.

Under the bill, judges could order reporters to produce information regarding a source’s identity only when it is “highly relevant” to the case. Attorneys would have to show they couldn’t get the information any other way and there was an overriding public interest in disclosing it. It also prohibits forcing the confidential source to testify in order to discover the identity of that person. Wisconsin already has court rulings offering some protections for reporters, but no state law.

Supporters of the bill argue that court precedent helps reporters, but it is not as strong as a law with clear guidance for judges. Supporters of the bill include Governor Jim Doyle, a former three-term attorney general, and the president of the Wisconsin Freedom of Information Council, who noted that journalists benefit form the bill, but the public benefits even more. “A lot of very important stories begin with tips from people who require confidentiality,” he stated.

The Wisconsin State Bar Association’s litigation section is on record against the bill, however, saying it would make it too difficult for parties in lawsuits to obtain non-confidential information from news organizations.

Most states already have Shield Laws. While there is no explicit federal protection, federal courts tend to find that journalists can keep private the names of their confidential sources. Kansas became the 38th to enact one last week. Should Wisconsin’s bill pass, it would take effect three months after being signed into law by the governor. If the bill passes, Wisconsin would become the 39th state to enact a law protecting journalists and their confidential sources.