I don't think the question is if should we have a shield law. I think the question is what kind of shield law we should have. Yes, I'd like to see a federal shield law, but if and only if it provides genuine safeguards and doesn't green-light prosecutors and judges and litigants from going after the press and getting things to which they should not be entitled. It's not a simple kind of litmus test.
Ted GupWhen you get new people in, you're going to have a breath of fresh air and there's going to be a window when people will decide what direction to go. It'll be determined by outside events, by the personalities that occupy those positions, and by the treatment they receive both from the press and the public, of the honeymoon period.
Ted GupThe third factor is the natural predisposition of bureaucracies, both governmental and private, to exploit secrecy to whatever degree they are licensed to do so, and in this administration they're given virtually carte blanche.
Ted GupThe mechanics vary from place to place and from office to office. The handling of SBUs can be different in the same agency just across the hall, one from another. There are virtually no standards.
Ted GupAnother factor is the post-9/11 security mentality, which views sunlight as toxic and imagines that somehow bin Laden is dependent upon our government documents, a "fact" that has never, ever been supported to my knowledge. So, that's the second factor.
Ted GupThese human experiments have gone largely unchallenged and unquestioned by Congress, the medical profession, and the scientific community at large.
Ted GupWhistleblowers is another aspect that needs to be addressed. We have to restore the protections of whistleblowers and also the encouragement and rewards. It shouldn't just be that they don't get crucified; it should be that they are again folk heroes, or celebrated for bringing critical matters to public attention, as opposed to traitors.
Ted Gup