Ridiculous Timing: Obama Administration Responds To Spying On AP By Pushing Journalist Shield Law That Wouldn’t Matter

There was one odd side note in all of the attention last week to the DOJ spying on the AP under questionable circumstances. Right after being confronted about it, the Obama administration released some talking points about how they support a reintroduction of a reporter’s shield law. There have been various attempts to pass a special shield law for journalists for a few years now, though in the past it’s been blocked each time. Also, we’ve been fairly skeptical about the whole process, because different politicians always seek to carve out key parties, whether it’s bloggers or Wikileaks. Frankly, it’s always seemed to us that a shield law should protect acts of journalism. That is, it should apply to specific situations, rather than specific people.

In the past, the Obama administration has claimed to support such a shield law, but with serious limitations, such as not having that law apply when the administration decides (by itself) that it’s a matter that involves “significant” harm to national security. Given that Eric Holder has already argued that this case involved such a situation (even if the evidence suggests otherwise), it seems likely that any such shield law for journalists wouldn’t have mattered in the AP case. There may have been some procedural differences, but the end result would have likely been pretty much the same.

But, really, using this story as a nail to hang their support for a shield law seems pretty ridiculous. “Oh, yeah, you caught us spying on reporters — here’s a bill that we want that wouldn’t have stopped that, but if you’re really concerned about a pretend level of privacy for journalists and their sources, it’s something, sorta.”

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