Senate panel advances media shield bill

The Senate Judiciary Committee on Thursday passed legislation to protect journalists from having to cooperate with government investigations but made sure to limit the safeguard to professional news gatherers.

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The legislation, which passed by a 13-5 vote, draws a line between those whom lawmakers view as “real" journalists and citizen bloggers.

People who qualify as “real" reporters under the legislation would receive protection from having to reveal their confidential sources to government prosecutors.

The legislation gained political momentum after it was revealed earlier this year that the Justice Department had secretly obtained the phone records for The Associated Press in an attempt to discover who had provided classified information to the news organization.

Sens. Charles SchumerCharles (Chuck) Ellis SchumerGOP Green New Deal stunt is a great deal for Democrats National emergency declaration — a legal fight Trump is likely to win House Judiciary Dems seek answers over Trump's national emergency declaration MORE (D-N.Y.) and Lindsey GrahamLindsey Olin GrahamCongress closer to forcing Trump’s hand on Saudi support Democrats brush off GOP 'trolling' over Green New Deal Warren: Officials have duty ‘to invoke 25th amendment’ if they think Trump is unfit MORE (R-S.C.), the bill's sponsors, argued it would protect journalists and their sources from government intimidation but exempt those who attempt to obtain government secrets without with regard to the public’s interest.

“The bill would prohibit demands for protected information (such as confidential source information) from journalists unless a court determines that the public interest is better served by disclosure of the information than by protecting the journalist’s source,” they wrote in a letter to colleagues in May.

Conservatives, however, blasted the legislation for giving Congress power to decide who qualifies as a legitimate journalist.

“The remedy that this legislation seeks to provide is to differentiate between different types of journalists and to determine in the Congress’s mind who’s legitimate and who’s not legitimate,” said Sen. John CornynJohn CornynOn unilateral executive action, Mitch McConnell was right — in 2014 Poll shows competitive matchup if O’Rourke ran for Senate again On The Money: Trump declares emergency at border | Braces for legal fight | Move divides GOP | Trump signs border deal to avoid shutdown | Winners, losers from spending fight | US, China trade talks to resume next week MORE (R-Texas), a critic.

Cornyn said Congress shouldn’t pick and choose who’s protected by the First Amendment.

“The First Amendment makes no such differentiation,” he said. “It talks about a free press, and we would say you’re a member of the free press if you meet certain legislative criteria and if you don’t, you’re not.”

The committee adopted by an amendment sponsored by Sens. Dianne FeinsteinDianne Emiel FeinsteinFeinstein says she thinks Biden will run after meeting with him Trump judicial nominee Neomi Rao seeks to clarify past remarks on date rape Bottom Line MORE (D-Calif.) and Dick DurbinRichard (Dick) Joseph DurbinDemocrats brush off GOP 'trolling' over Green New Deal Trump praises law enforcement response to shooting at Illinois business Five dead in shooting at manufacturing plant in Aurora, Illinois MORE (D-Ill.) in a 13-5 vote to set apart people viewed by Congress as legitimate journalists.

The language defines a journalist as someone with a traditional or contractual arrangement with a media outlet for at least three months in the past two years or for at least one year in the past 20 years. It also includes reporters with a substantial track record of freelancing in the past five years, student journalists and persons approved by a federal judge as worthy of protection.

Schumer emphasized at the committee markup Thursday that the agents of foreign powers would be excluded, depriving protections for foreign operatives posing as journalists with Al Jazeera, a broadcaster based in Qatar, or other foreign media groups.

The committee’s action sends the bill to the Senate floor.