I. Introduction

The United States justice system is one of America's most hallowed institutions. It is a place where the truth is doggedly pursued and people are held accountable for their actions. In pursuing truth in criminal and civil cases, the United States Supreme Court guarantees the parties the "right to every man's evidence."[1] Anyone receiving a judicial subpoena must provide the court with whatever information he or she has that is responsive to the subpoena or be held in civil or criminal contempt of court.[2] Congress is considering legislation that would create a permanent and impenetrable exception for reporters in many circumstances.[3] In situations where the bill categorically blocks truth from federal courtrooms without discretion, it is unprecedented, unwise, and contrary to American laws and values.

The current media shield proposal in Congress broadly states that "a Federal entity may not compel a covered person [e.g., reporter or other disseminator of information] to testify or produce any document in any proceeding or in connection with any issue arising under Federal law."[4] This bill would cover all testimony and documents,such as notes, outtakes, and even eyewitness testimony of events covered.[5] For all but source information, the bill provides an exception that allows the subpoena to be enforced when the information is essential or dispositive to an important issue in a case and there are no reasonable alternative means of getting that information.[6]

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