**[[Free Flow of Information Act of 2007]{.underline}]{.smallcaps}**

**Prepared Remarks of Rep. Mike Pence**

**May 2, 2007**

I am honored to be here today alongside my colleague Rick Boucher, who
is such a tireless advocate for the First Amendment. Also, we are
pleased to have Chairman Conyers and Reps. Coble, Walden and Yarmuth as
original cosponsors.  This is truly a bipartisan issue.  It is a First
Amendment issue, and I thank not only Congressman Boucher for his
leadership but also the senior senator from my home state, Dick Lugar,
as well as Senator Chris Dodd from Connecticut for their leadership in
the Senate.  They are truly champions for a free press. 

 

As a conservative who believes in limited government, I know the only
check on government power in real time is a free and independent press.
The Free Flow of Information Act is not about protecting reporters; it
is about protecting the public's right to know. Our Founders did not
enshrine the freedom of the press in the Constitution because they got
good press.  And, I am certainly not advocating a free and independent
press because I always get good press.

Enshrined in the First Amendment are these words: "Congress shall make
no law...abridging the freedom of speech, or of the press."

We all remember when not long ago a confidential source brought to light
abuses at the highest levels of government in the long national
nightmare of Watergate.  History records that W. Mark Felt never would
have come forward without the assurance made to him of confidentiality.

But, thirty years later the press cannot make that assurance to sources,
and we face the real danger that there may never be another Deep Throat.
The protections provided by the Free Flow of Information Act are
necessary so that members of the media can bring forward information to
the American public without fear of retribution or prosecution.

In recent years, we have famously seen reporters such as Judith Miller
jailed and Mark Fainaru-Wada and Lance Williams threatened with jail
sentences. They are a few names among many who have been subpoenaed for
taking a stand for the First Amendment and refusing to reveal
confidential sources.

Compelling reporters to testify, and in particular, compelling them to
reveal the identity of their confidential sources, is a detriment to the
public interest.  Without the promise of confidentiality, many important
conduits of information about our government will be shut down.  The
dissemination of information by the media to the public on matters
ranging from the operation of our government to events in our local
communities is invaluable to the operation of our democracy.  Without
the free flow of information from sources to reporters, the public is
ill-equipped to make informed decisions.

Thirty-two states and the District of Columbia have various statutes
that protect reporters from being compelled to testify or disclose
sources and information in court.  Seventeen states have protections for
reporters as a result of judicial decisions.  The Free Flow of
Information Act would set national standards similar to those that are
in effect in the states.

The Free Flow of Information Act closely follows existing Department of
Justice guidelines for issuing subpoenas to members of the news media. 
It simply makes the guidelines mandatory and provides protection against
compelled disclosure of confidential sources.  In doing so, this
legislation strikes a balance between the public's need for information
and the fair administration of justice.

Abraham Lincoln said, "Give the people the facts and the Republic will
be saved." The Free Flow of Information Act is designed to ensure that
the American people have the facts that they need to make choices as an
informed electorate.

A free and independent press is the only agency in America that has
complete freedom to hold government accountable.   Integrity in
government is not a Democratic or Republican issue, and corruption
cannot be laid at the feet of one party. When scandal hits either party,
any branch of government, or any institution in our society, it wounds
our nation.

As a conservative, I believe that concentrations of power should be
subject to great scrutiny. The longer I serve in Congress, the more
firmly I believe in the wisdom of our Founders -- especially as it
pertains to the First Amendment and freedom of the press. It is
imperative that we preserve the transparency and integrity of American
government, and the only way to do that is by preserving a free and
independent press.

Thomas Jefferson warned that, "Our liberty cannot be guarded but by the
freedom of the press, nor that limited without danger of losing it."

This Congress would be wise to take those words to heart.  Now is the
time to heed the advice of Mr. Jefferson.  It is time to repair this
tear in the First Amendment.  It is time to pass a federal media shield
law, and I am pleased to stand with my colleagues today to introduce the
Free Flow of Information Act."