The Big Chill in Washington

By: Todd Shields SENATE PLUMBERS LOOKING TO PLUG ALL LEAKS
Act of giving reporters any classified information would become a felony

U.S. senators, upset by seemingly endless leaking of U.S. intelligence and military information, have proposed a solution: Make it a felony to give reporters any classified information.
Opponents say the proposal could chill reporting and prompt subpoenas for reporters who print what the government wants hidden. The anti-leaking measure, part of a spending bill, won approval from the Senate Select Committee on Intelligence in April. It awaits action by the full Senate. Last month, the House passed a version of the legislation that does not include such a provision.
The measure calls for fines of up to $10,000 and prison terms of up to three years. Under current law, prosecutors must prove leakers aided a foreign power or that their disclosure harmed national security. The proposed law dispenses with such qualifiers, outlawing disclosure of any classified document.
Backers of the stricter measure include the intelligence committee chairman, Sen. Richard C. Shelby, R-Ala. "Something must be done," said Shelby. "Leaks of classified information are not only chronic but an immediate threat to the security of the United States."
Those who fear that the proposed law could intimidate the press include the State Department, Attorney General Janet Reno, and several First Amendment specialists. "The answer to leaked information is a halt to overclassification -- not trying to put leakers in jail," said Paul McMasters, First Amendment ombudsman for the Freedom Forum. "You rarely see damage to national security. Usually, its damage to reputation -- or [the] ability to control."

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(copyright: Editor & Publisher June 26, 2000)