The government is strengthening the barrier between media members and their First Amendment rights. As they struggle to conceal sources the result we’re seeing is more cases of journalists appearing in court or landing in jail.

California has a shield law that protects journalists from having to reveal their sources, but Congress is, as usual, failing to play catch up, and lagging on enacting a federal shield law that would protect all journalists. Confidentiality is an important promise that journalists can make to their sources in order to get a story or angle that otherwise may not be told. However, if you force journalists to break this promise to their sources and reveal them in court, it undermines the purpose of journalism, which is to present information to the public.

It comes as no surprise that the Bush administration is strongly opposed a federal shield law. U.S. Deputy Attorney General Paul McNulty, the No. 2 official at the Justice Department, testified before the Senate Judiciary Committee against a proposed federal shield law for journalists. McNulty cited national security as the main reason why a federal shield law would be unnecessary. He claimed that the law would make it more difficult for the department to obtain information while keeping the country safe. Well, being summoned to appear in court makes it difficult for journalists to do their job.

McNulty’s testimony does not come as a revelation because the government loves to get its hands on any type of concealed information. Journalists need to see a federal shield law come to life because it would help protect their First Amendment rights regarding freedom of the press. They should not have to fear being subpoenaed in the back of their minds every time they agree to keep a source confidential.

The idea of a federal shield law has been surfacing because in recent years we’ve seen more cases of journalists going to jail. Recently, two reporters, Lance Williams and Mark Fainaru-Wada, from the San Francisco Chronicle have been asked to name their source from the grand jury testimony that the reporters used when writing about the illegal steroid use in professional sports. They could face up to 18 months in jail if they refuse to name the source. This is a ridiculous reason to keep two reporters in jail for doing their jobs and it’s putting a limit on our free press.

Only 31 states and the District of Columbia have a media shield. Journalists should be covered in all 50 states. However, there would be exceptions to a federal shield, and the Senate proposal explained that cases involving “guilt and innocence, death and bodily harm, eyewitness accounts of criminal activity, and unauthorized disclosure of properly classified information,” would be exempt, according to the Contra Costa Times. Even with these restrictions the Bush administration still has no interest in a federal shield law, probably in fear that truth would leak out and the public may actually become informed.

Congress should not solely rely on the Bush administration for approval because they have power in the government and they should use it. A federal shield law developed and passed by Congress would protect journalists and allow them to be better reporters and therefore serve the public with thorough news.