Media contacts:
Kirsten Kendrick
President, Board of Western Washington Professional Chapter of SPJ
206-235-0750,
Marcus Donner
Treasurer, Board of Western Washington Professional Chapter of SPJ
253-350-6033,
Stacey Walters
Media Attorney, Graham & Dunn PC
Law and Ethics Chair, Board of Western Washington Professional Chapter of SPJ
206-903-4843,
Western Washington Board of Society of Professional Journalists: Strong Shield Law Needs More Time
SEATTLE – March 4, 2006 – Given the news that the reporter shield law legislation (Substitute House Bill 2452) will not receive a floor vote in the Senate, the board of the Western Washington Professional Chapter of the Society of Professional Journalists (SPJ) today welcomed the opportunity to create a stronger shield law in the next legislative session.
SPJ expressed strong concerns about the bill initially put forth by Attorney General Rob McKenna. The board said the original legislation was too weak and set too low a standard of protection – particularly regarding work product, which includes journalists’ notes, outtakes and unpublished photographs.
Members of the SPJ board spent a lot of time in Olympia, meeting with lawmakers and testifying before the House and Senate Judiciary Committees. The board was successful in getting a competing bill introduced in the House Judiciary Committee (HB 3187 prime sponsored by Rep. Brendan Williams). The legislation was closely modeled after the Oregon Shield Law, which has been working successfully for almost three decades without amendment and provides nearly absolute protection for work product.
In the Senate, similar efforts were made. Senators Erik Poulsen and Karen Keiser, both of whom are former journalists, introduced amendments to SHB 2452 that would have mirrored Oregon’s protection for work product.
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SPJ also advocated several changes to the attorney general’s original shield law bill. Those changes eventually became part of the legislation. They included adding Internet news organizations (such as MSNBC.com, based in Washington state) to the definition of news media and creating stronger language for the four-part litmus test used to determine if a reporter must turn over work product.
But even with these changes, SPJ still had serious concerns with SHB 2452. The board felt the income-based test included in the bill’s definition of news media could leave part-time and freelance journalists unprotected. The board was also concerned that the four-part litmus test for work product would put journalists at greater subpoena risk, not less – essentially serving as a road map for getting journalists into court.
The SPJ board received support from several media organizations in its efforts to lobby for a stronger shield law, including some groups that had initially supported the attorney general’s legislation. The Pacific Northwest Newspaper Guild and the local chapter of the American Federation of Television and Radio Artists (AFTRA) both supported SPJ’s stance. Members of the Washington State Association of Broadcasters testified in support of McKenna’s version but also voiced support of SPJ’s competing legislation in the House Judiciary Committee.
“In talking with these organizations we discovered that, if given the choice, they would prefer the Oregon model,” Kirsten Kendrick, SPJ chapter president, said. “We look forward to working with these groups in the future on legislation that provides stronger protection for the press, and, therefore, better serves the citizens of Washington state.”
The purpose of a shield law is to protect the public by providing for the free flow of information. Senatorslike Lisa Brown, Erik Poulsen, and Karen Keiser, as well as Rep. Brendan Williams, have shown that they understand the importance of drafting a bill that more completely protects the public and the press, and they have done so facing considerable political pressure. SPJ believes the lawmakers have provided an opportunity for more carefully crafted legislation to be introduced next session.
The Society of Professional Journalists works to improve and protect journalism. Founded in 1909, SPJ promotes the free flow of information to a well-informed public, protects First Amendment guarantees of freedom of speech and press, and works to inspire and educate the next generation of journalists.
For more information on the Western Washington Professional Chapter of SPJ, go to www.spjwash.org.
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