The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“PROTECT FIRST AMENDMENT” mentioning the U.S. Dept. of Justice was published in the Extensions of Remarks section on pages E1098 on May 25, 2005.
The publication is reproduced in full below:
PROTECT FIRST AMENDMENT
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HON. JIM McDERMOTT
of washington
in the house of representatives
Wednesday, May 25, 2005
Mr. McDERMOTT. Mr. Speaker, I, like many, believe that the First Amendment is currently under attack. Yesterday I attended a forum titled ``Media Bias and the Future of Freedom of Press.'' I'd like to submit to the Record the statement that I distributed there yesterday, as well as the Freedom of Information request that I filed with the Department of Justice.
I'd like to call attention to an issue of extreme and growing importance: an alarming trend in the dilution of First Amendment rights regarding freedom of the press. Today reporters are being compelled to reveal their confidential sources--or else face jail time and/or stiff fines. Prosecutors are insisting upon this and judges are backing up their demands by ordering reporters to testify and provide confidential information. This is turning the news media into an investigative arm of the judicial system and a research tool of the government--exactly the opposite of what it is supposed to be. The increasing pressure on journalists will most certainly lead to a decline in investigative reporting, threatening freedom of press and the public's need, and right, to know.
This trend is not just talk, although anecdotally, the past few years document the greatest assault on source confidentiality in the U.S. in decades. Hard evidence and more specific statistics are being sought so that this issue can be brought to the attention of the nation without room for dispute. In fact, in an effort to uncover statistics that the government is unwilling to disclose, I have just filed a Freedom of Information (FOI) request to the Department of Justice, asking for access to and copies of records which show the number of subpoenas requested, as well as the number of subpoenas authorized, in order to obtain information from, or about, members of the news media in the years 2001-2004. I believe this information will prove that my concerns with the First Amendment go farther than just anecdotes. As soon as I obtain this information, I will release it to the public, as I feel it will be very eye-opening.
The protection of freedom of the press is a central pillar of our democracy, and sharing information with the public is imperative in a nation with these strong democratic traditions. Other countries are being sent the wrong message when they look to us and see the precedents that we are setting. For example, when Venezuelan officials were recently criticized for adopting a restrictive new media law, they immediately cited a ruling that sentenced a Rhode Island journalist to six months house arrest for refusing to divulge a source. As is evident from Venezuela, instances such as these are bound to weaken freedom of press in other countries, where reporters are already more frequently forced to cooperate in government investigations. The last thing we need is for international journalists to be questioning our dedication to upholding free speech guaranteed in the U.S. Constitution.
We must do something to remedy this situation that is making honest journalism and true confidential sources a thing of the past. The administration and judiciary should exercise greater discretion in requiring reporters to reveal their sources so that journalists and every American can regain their confidence in the First Amendment's protection.
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