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 SchumerNo agreement on budget caps in sight ahead of Memorial Day recess Ex-White House photographer roasts Trump: 'This is what a cover up looked like' under Obama Pelosi: Trump 'is engaged in a cover-up' MORE (D-N.Y.) and Lindsey GrahamLindsey Olin GrahamThreat of impeachment takes oxygen out of 2019 agenda Graham urges Trump not to abandon infrastructure talks with Democrats Congress, White House near deal on spending, debt limit 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 CornynThe Hill's Morning Report - Trump says no legislation until Dems end probes Bipartisan House bill calls for strategy to protect 5G networks from foreign threats Collins offering bill to boost battery research as GOP pushes energy 'innovation' 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, Iranian foreign minister had dinner amid tensions: report Jeffrey Rosen officially sworn in as deputy attorney general This week: Democrats, White House set for infrastructure, budget talks MORE (D-Calif.) and Dick DurbinRichard (Dick) Joseph DurbinThreat of impeachment takes oxygen out of 2019 agenda Senate Democrats request watchdog, Red Cross probe DHS detention facilities Iraq War looms over Trump battle with Iran 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.