Our Press Protected: Texas passed a shield law to ensure reporters' rights

Freedom of the press, freedom of information and the public's right to know all took a giant leap forward in Texas on Wednesday when Gov. Rick Perry signed House Bill 670 - the Free Flow of Information Act - which allows reporters and news organizations in the state to protect confidential sources.

With the signing of the legislation, which has been years in the making, Texas became the 37th state to adopt some form of journalist shield law.

Under the law, which took immediate effect, journalists in Texas are granted qualified privilege so they can't be forced in court to reveal confidential news sources and, in many cases, will be protected from having to testify in court or produce notes, tapes, videos or documents used in the gathering of information for stories.

There are, however, certain exceptions. Journalists will still be required to identify a source if they observed that person committing a crime or if the source confessed to committing a felony during an
interview.

Until Wednesday, reporters in Texas had no granted right to refuse for any reason to reveal sources. If they were called into court and refused to name those who had provided information, or declined to turn over subpoenaed files, they could be - and on occasion have been - held in contempt of court and even jailed.

Enactment of the shield law should do much to facilitate probing in-depth and investigative reporting by news organizations throughout Texas. It should lift the chill of fear that has prevented many potential whistleblowers from coming forward to the media to reveal corrupt governmental, political and business practices.

Speaking to The Associated Press, Austin media attorney Laura Prather, president of the Freedom of Information Foundation of Texas, said the new law helps "create a system in which people who know about wrongdoing will feel comfortable coming forward and reporting that wrongdoing, and it will benefit all Texans.

"It has been a tremendously long process. We've learned a lot along the way," Prather added.

"This was a complex issue that required thoughtful consideration and I am pleased that lawmakers were able to strike a balance between protecting the rights of the people and the press," Perry said.

In signing the bill, Perry praised its key sponsors, Democratic Sen. Rodney Ellis of Houston and Democratic Rep. Trey Martinez Fischer of San Antonio.

They, however, have not been the only ones instrumental in the bill's passage. Among other, unwavering, key players has been Rep. Aaron Peña, D-Edinburg, who, almost since his first day as a freshman legislator more than six years ago, has been among those strongly pushing for passage of a journalist shield law, even in the face of previously stiff opposition from various legislative leaders.

Another person who has been working tirelessly behind the scenes to help craft and push successful reporter shield legislation is national media lawyer John Bussian, who handles media legal matters for Freedom Communications, the parent company of The Monitor, the Valley Morning Star, The Brownsville Herald, El Nuevo Heraldo, LaFrontera, The Mid-Valley Town Crier, Coastal Current and The Island Breeze.

Thanks also to Gov. Rick Perry for quickly signing the bill.

Our thanks, and the thanks of every Texan, should go out to these people and to all of the other legislators and media representatives who worked so hard to advance the free-flow-of-information cause.