CLINTON VETOES BILL OPPOSED BY NEWSPAPERS

By: Todd Shields President Cites Preserving Free Flow Of Information





WASHINGTON - President Clinton on Saturday vetoed a bill that would have criminalized all leaks of classified information, saying the measure threatened the free flow of information that underpins democratic government.



The legislation had drawn widespread criticism from civil liberty advocates and from

major news organizations, including The Washington Post, The New York Times, and the Newspaper Association of America, which represents daily newspapers.



"We are delighted and, quite frankly, relieved that President Clinton has stopped this dangerous legislation," said NAA President John F. Sturm. "We believe the laws already on the books strike the needed balance between the public's right to know and the government's need to protect national security."



Proponents of the measure criticized Clinton. "This veto leaves us vulnerable" to improper disclosures that could risk national security, said Porter J. Goss, R-Fla., chairman of the House of Representatives' intelligence committee.



Current law requires harm to national security before those who leak can be punished for doing so. The proposed language would have made any leak, regardless of what is disclosed, a felony. Potential punishments included fines and prison terms.



Critics said the measure threatened subpoenas for reporters as prosecutors tried to identify leakers, and could prevent important revelations that come from leaked documents - for instance, the Pentagon Papers' disclosures about the U.S. role in Vietnam.



Clinton in a statement accompanying his veto said "far too many" unauthorized disclosures occur, including some that can be "extraordinarily harmful to United States national security interests."


But, Clinton added, "What is in dispute is not the gravity of the problem, but the best way to respond to it... We must never forget that the free flow of information is essential to a democratic society."



He said a president must not only protect vital information, but also protect "the rights of citizens to receive the information necessary for democracy to work."



The veto represented a late reversal by the administration, which had signaled its support as the measure worked its way through Congress. The measure originated in the Senate's intelligence committee and faced no public hearings.


Clinton said his administration had failed to apprise Congress of his concerns.



Goss, the House intelligence chair, said he would have reviewed Clinton's concerns had he been told of them. "To veto this critical piece of legislation now is disruptive, and may send a dangerous message to those who would harm national interests," Goss said.



The language that prompted Clinton's veto was part of a broader bill, H.R. 4392, which authorizes intelligence spending. Intelligence work will continue, however, since Congress passed a backup spending measure that Clinton has signed.







Todd Shields (tshields@editorandpublisher.com) is the Washington editor for E&P.







Copyright 2000, Editor & Publisher.