A push for a federal shield law isn't new in Congress. But what's interesting about the latest legislation under discussion is who's behind it, says news analyst Cokie Roberts.

"You have the highly respected Dick Lugar in the Senate, a Republican, and then to have Mike Pence, one of the most conservative members of the House also behind it," Roberts said, "… we'll see what happens."

Roberts, a senior news analyst for National Public Radio and political commentator for ABC News, and ABC's Sam Donaldson addressed a crowd of more than 200 people Monday at the Poynter Institute in St. Petersburg, Fl.

Poynter's Bob Steele moderated a discussion titled "Community Conversation: Press, Politics and American Life" as part of an evening that raised money for student journalism programs. Roberts and Donaldson ranged across a variety of topics, including embedded journalists, presidential politics and White House secrecy as well as confidential sources.

Support for a federal shield law crosses party lines, Roberts pointed out, with Sen. Arlen Specter (R-Pa.) co-sponsoring the bill with Sen. Richard G. Lugar (R-Ind.) and Christopher J. Dodd (D-Conn.).

Although 31 states have shield laws for reporters to protect confidential sources, according to the San Francisco Chronicle, there is no such law for federal cases.

Donaldson, an ABC News national correspondent, told the audience that journalists need a national shield law so that sources can trust they'll remain confidential.

"If we're compelled to disclose our source, why would you believe me if I say, 'Don't worry, I'll keep your name out of it,' ?" he asked.

The Washington Post reported Sunday that the Senate Judiciary Committee has postponed consideration of the shield legislation after the Justice Department raised objections.

Jim Stem/Poynter ABC News analysts Cokie Roberts and Sam Donaldson

One provision of the bill would require the Justice Department to convince a judge that a leak in national security information would hurt the government more than helping the public.

Donaldson said balancing national security and the public's right to know would be tricky.

Discussion of the bill probably won't resume until Congress returns after the November elections, according to The Post.

Another problem with creating a national shield law is deciding who would be protected, Donaldson said.

"First of all, who's a journalist?" he asked. "… Is every blogger a journalist? Everybody has a right to publish now on the Internet."

Creating a federal shield law is going to be difficult, Donaldson said, but not impossible.

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Check out Poynter's Journalists' Rights Tracker for further coverage of Lance Williams and Mark Fainaru-Wada and for more information on journalists' legal protections. (See the left rail for links to pending federal legislation.)

"I think we should try it," he said.

During the time Congress has debated the merits of such legislation, a number of journalists have been jailed for refusing to disclose their sources. On Thursday, a federal judge sentenced San Francisco Chronicle reporters Lance Williams and Mark Fainaru-Wada to 18 months in jail. The reporters had refused to reveal who leaked to them secret grand jury testimony alleging steroid abuse by top athletes.  

Confidential sources are crucial for reporting sensitive stories that may put a source's career at risk, Roberts told the community gathering. She cited a New York Times article that ran Sunday, "Spy Agencies Say Iraq War Worsens Terrorism Threat," as an example of a story journalists couldn't get without anonymous sources.

"Is anyone going to tell you that story on the record?" Roberts asked. "Of course not. They'd go to jail."

Roberts said she was pleased with the way the Times handled the story. She noted that it made an effort to provide more information about the sources without identifying them by name -- a practice she characterized as a growing trend among news organizations.

Jim Stem/Poynter News analyst Cokie Roberts of NPR and ABC News with Poynter's Bob Steele

The article described the jobs and loyalties of the reporter's anonymous sources, their roles in the terrorism assessment, and the reason anonymity was considered necessary:


The Times eased its policy for describing anonymous sources in May 2006 after readers complained about labored phrases describing anonymity. The policy shift revised a June 2005 memo that called for greater transparency to readers.