Judiciary Committee Once Again Sets Shield Law For Markup

17^th time Senate committee has scheduled the markup

By John Eggerton -- Broadcasting & Cable, 12/9/2009 11:14:57 AM

For the 17th time, the Senate Judiciary Committee has scheduled S. 448, The Free Flow of Information Act of 2009, for markup in the committee.

The bill gives journalists a qualified protection from being compelled to give up information or identify sources, though with a number of carve-outs for national security, bodily harm, and sensitive personal and business information. It currently tops the list of bills to be considered at a Dec. 10 business meeting.

The bill has been on the calendar since spring (and including long-deceased ancestors has been pushed by journalistic organizations for at least two decades). But it was held up by the administration until a compromise was struck on some national security issues, and then by Republicans who thought the balance was still too far in favor of journalists and argued the compromise had been between people who already supported the bill, not Republicans with remaining issues.

There were also some Democrats uncomfortable with a definition of journalists that could include bloggers.

Committee Chairman Patrick Leahy (D-Vt.) recessed a Nov. 19 markup hearing (the 16th try) after Republicans had numerous amendments lined up that would have to be introduced and debated and voted on, but he warned that unless a manageable list of amendments could be produced, the bill might be sent directly to the floor, bypassing the committee approval process.

A Democratic committee sources said at press time the bill's co-sponsors--led by Chuck Schumer (D-N.Y.)--were negotiating with the bill's Republican critics--led by Senator Jon Kyl (R-Ariz.), to limit amendments in an attempt to finally vote the bill. "Maybe tomorrow will be the magic day!," said the source.