Broad Kan. shield bill passes House, Senate
April 1, 2010
KANSAS -- House Bill 2585 passed
through the Kansas State Senate and House of Representatives this week, setting
the stage for a shield law to protect professional and student journalists.
The bill, which will allow reporters to protect their confidential
sources, and protect any notes or unpublished materials unless disclosure is
deemed legally necessary, will now go to Kansas Governor Mark Parkinson for a
signature. The governor is expected to sign the bill in about a month, said
Richard Gannon, governmental affairs for the Kansas Press Association.
"We're really pleased...this has been a fight for years and
we've never been able to get it out of committee and it just so happens
this year the stars were right," Gannon said.
Student Press Law Center Attorney Advocate Adam Goldstein said this
legislation makes Kansas a front-runner in protecting student journalists.
"This legislation seems to adopt a functional view of journalism,
which would protect all kinds of non-traditional news gatherers, including
student journalists and bloggers. And that actually puts Kansas pretty much out
front in protecting student journalists," Goldstein said.
A conference committee, made of three state senators and three
representatives agreed on the language of the bill, which then went to both the
Senate and House for votes. The Senate voted 39-1 in favor of the bill, and the
House had only three dissenting votes, Gannon said.
The final language includes in its protections "an online journal in
the regular business of newsgathering and disseminating news or information to
the public." This part of the definition was somewhat controversial,
Gannon said, and was not included in the original Senate Bill 211 from which
House Bill 2585 was built.
The language of the final bill also changed a portion that defined when
journalists must turn over information. Originally, the bill said information
must be disclosed when the information "could not, after exercising due
diligence, be obtained by alternative means," but now reads that it must
be disclosed if the information "could not, after a showing of reasonable
effort, be obtained by readily available alternative means," Gannon
said.
Kansas courts had previously ruled that journalists had a "limited
privilege" under the First Amendment to the U.S. Constitution, but the new
law will clarify and strengthen that protection against forced disclosure.
"Naturally representing the newspapers we'd like to have had
more, but I think we've got a pretty good piece of legislation,"
Gannon said.
By Katie Maloney, SPLC staff writer
© 2010 Student Press Law Center
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For More Information: Proposed Kan. shield bill could include student journalists News Flash, 03/25/2010
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