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FEDERAL SHIELD LAW
(Press/Media Shield Law)
The
Federal Press/Media
Shield Law currently being considered in both the House and Senate is flawed
and should not be passed before taking into consideration the increasing
threat posed by illegal electronic eavesdropping.
A Federal
Press/Media Shield Law if approved should not be made permanent and should
have periodic review with conditions attached.
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If a Federal Press/Media Shield Law
were
approved in its current form the following may apply or happen:
● News
Media individuals could acquire information by illegal means and
use the information against
virtually anyone they wish without having
to reveal how the information was acquired.
● A
Federal Shield Law in itself could be considered unconstitutional
if a law were broken during the
process as to the way in which News
Media employees or their sources acquired the information if by
either the placement of
and/or the use of illegal electronic eavesdropping equipment, and/or
by using other
forms of espionage that compromise private confidential
information without first obtaining permission from
the proper
authorities and/or from the victim in advance.
●
States and the Federal government could be held accountable and
ultimately suffer loses in the billions
of dollars stemming from
lawsuits in which shield laws encourage illegal activities.
● A
victimized defendant would not be able to prove a law was broken
or be able to prove the validity
of a claim if the source is not
required to be revealed or to be held accountable for violating one's
right-to-privacy.
●
Actual malice may no longer have to be proven by
public figures
to collect in libel cases.‡
●
A new bureaucracy may be created to determine who qualifies as a
journalist and if they will be allowed
to spy, thereby requiring
background checks, training, fingerprints, tests and licenses. This
new bureaucracy
may possibly parse the First Amendment to enforce
media correctness and control
who can have access to
news events where licenses may be required.‡
● A
backlash may occur from public reactions over the News Media
having an unfair advantage in protecting
criminals and invading
peoples privacy.‡
‡Research material provided in part
by:
Centre Daily Times. Posted on the Internet Tuesday,
August 9, 2005,
titled:
FREEDOM OF THE PRESS,
Shield law would make media vulnerable to being legislated.
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