I love the idea of a shield law; I don't know of any journalist who doesn't love the idea of a shield law. It's all in the details. Some of the shield laws that were floating around sounded good, but when you looked at them, exceptions or exclusions or broadness in the language really invited some problems.
Ted GupYou have tens, hundreds of thousands of people in government, and just as many among contractors, who feel totally comfortable writing at the top of the document "internal use only," "official use only," and a million other synonyms, all of which amount to "none of your business" to the public.
Ted GupOne of the principal factors fueling the proliferation of the abuse of secrecy and sensitive but unclassifieds is the administration's adherence to the unitary executive principal. This administration more than any of its predecessors believes that it is its responsibility to collect power onto itself in the executive office when it comes to the conduct of war, foreign policy, the management of agencies and departments, regulations, etc.
Ted GupAnd fourthly there is a major shift in public opinion and attitude to accommodate to the post-9/11 mentality and the Bush administration's penchant for secrecy. I think the public has simply become increasingly accustomed to being turned away from vital information and is protesting less and less. You have some squeaky wheels out there, but I don't think they're representative of the population at large.
Ted GupAn attitudinal sea change. I think that's the hardest one to fix. Presidential directives, bills, provisions can all be rescinded, repealed, amended, but attitudes linger. The hardest thing is going to be to try to reverse an attitude, a bunker mentality that equates secrecy with either security or heightened efficiency and that regards transparency as an invitation to mischief and trespass. This default position of operating in the shadows is going to be somewhat appealing to whomever inherits office.
Ted Gup