Shield law defended
by Tim Anderson
A shield law, providing for a free flow of
information, is more important to the public
than to the press, according to testimony by
several newsmen at a Monday Unicameral
hearing.
The Judiciary Committee took no action
on LB380 which would provide reporters
with absolute immunity regarding the
disclosure of confidential sources and
unpublished information.
The bill, introduced by Omaha Sen. John
Savage, states that "no person shall be
required to disclose in any federal or state
proceeding the source of any published or
unpublished, broadcast or non-broadcast
information obtained in the gathering,
receiving or processing of information for
any medium of communication to the
public."
"If the press is forced to reveal
confidential sources in controversial stories,
those sources will eventually dry up,"
Omaha attorney Harry L. Welch said. "This
will greatly harm the people's right to
know."
Welch said individuals once assumed that
the U.S. Constitution protected these rights
of newsmen, but that recent court cases have
shown otherwise.
Since June 22, 1972, 12 reporters across
the country have been jailed for refusing to
name sources in stories, Welch said.
James L. Koley, legal counsel for the
Omaha World Herald and KMTV of Omaha,
said the informant must be protected to
keep a free flow of information.
Koley cited stories that have been
uncovered because a reporter talked with
confidential informants. These included the
My Lai massacre, the Pentagon Papers and
the Waterqate incident, he said.
"If that informant was forced to take the
chance of being revealed, he would certainly
be more apprehensive," Koley said. "He
could face retaliation, such as mental or
physical harassment, or even death."
Gil Savery, news editor of the Lincoln
Evening Journal and member of the national
Freedom of Information Committee, said a
bill similar to LB380 had been introduced
during the preceding session of the
Unicameral, but that it had failed because
there was "no unanimity of newsmen."
However, he said, due to the recent
jailings of newsmen, the press had organized
to recommend the passage of the bill for
absolute immunity.
Lincoln attorney Alan Peterson, who has
handled libel cases for Lincoln newspapers,
said the legislature "surely doesn't want to
squeeze off that part of news gained from
confidential sources.
"Unless you grant the press absolute
immunity from being forced to reveal their
sources, the reporters will have to tell those
sources that 'maybe' their name will be kept
confidential-ma Ybe not," Peterson said.
"That source has to have complete trust
in the press to go to them and tell something
that may get him fired, beat up or even
killed."
Only one person testified in oppositon to
the bill, Harry Lobel, an Omaha electrician.
Lobel cited cases where reporters had
allegedly been offered and had accepted
bribes to "plant news stories." He
specifically named what he termed "a
certain Omaha World-Herald editor.
"It seems that before the press starts
asking for absolute immunity for themselves,
they better clean up their own house,"
Lobel said.
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STUBSMT-I
The way t Kurope without I ling Ilk e tourist.
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Wednesday, february 14 1973
daily nebraskan
page 3
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