Contacts:
Kevin Smith, SPJ President, 304-367-4864, ksmith@spj.org
Neil Ralston, SPJ Vice President of Campus Chapter Affairs, 270-745-5841, nralston@spj.org

INDIANAPOLIS – Leaders of the Society of Professional Journalists wrote a letter to the president of Florida Atlantic University, Mary Jane Saunders, voicing concern over news reports that university administrators have threatened to punish a student journalist for her actions with the student newspaper, the University Press. The situation involves SPJ national board member Michael Koretzky whose removal as newspaper adviser and reinstatement as a volunteer adviser by the student journalist led to administrative threats. In addition to President Saunders, the letter was sent Tuesday to Associate Dean Terry Mena and Director of Student Media Marti Harvey. The letter is included below:

Dear President Saunders:

The leadership of the Society of Professional Journalists is troubled by news reports that administrators at Florida Atlantic University have threatened to punish a student journalist if she continued to recognize Michael Koretzky as a volunteer adviser for the student newspaper, the University Press.

We understand that student journalists at the newspaper have chosen to meet regularly with Mr. Koretzky even though he recently was relieved of his official duties as newspaper adviser. We also understand that the newspaper’s editor-in-chief, Karla Bowsher, wishes to recognize Mr. Koretzky’s involvement by publishing his name in the newspaper as a volunteer adviser.

While Mr. Koretzky’s continued involvement may be awkward for administrators and the newspaper’s official adviser, we do not believe the university has any right to threaten Ms. Bowsher or any other FAU student simply for seeking Mr. Koretzky’s counsel and choosing to list him as a volunteer adviser.

Mr. Koretzky is member of the SPJ national board, but our involvement and concern with this issue would be the same regardless of Mr. Koretzky’s connection to the organization. One of the missions of SPJ is to protect student press rights. We are involved because it appears those rights are being violated.

We believe the First Amendment’s freedoms of speech, press and assembly apply here. FAU students should be free to meet with whom they wish, and student editors of the University Press should be free to control the content of the newspaper. Threatening an editor for listing Mr. Koretzky as a volunteer adviser not only violates that editor’s First Amendment rights, but it sends a signal to all other FAU students that university officials do not respect all of the students’ constitutional freedoms.

If news reports of the threat have been inaccurate, we urge you to set the record straight and publicly declare that students are free to meet with Mr. Koretzky at any time to discuss anything they choose. We also urge you to declare that student editors of the University Press are free to list Mr. Koretzky as adviser.

If news reports about the threat are correct, we urge you to remove the threat and require any administrator involved to apologize for attempting to violate the First Amendment rights of an FAU student.

The Society of Professional Journalists, the nation’s largest membership journalism organization, promotes the free flow of information vital to a well-informed citizenry; works to inspire and educate the next generation of journalists; and protects First Amendment guarantees of freedom of speech and press.

Sincerely,

Kevin Z. Smith
President

Neil Ralston
Vice President of Campus Chapter Affairs

Darcie Lunsford
President of the SPJ South Florida Pro Chapter

CC: Terry Mena, Marti Harvey

Founded in 1909 as Sigma Delta Chi, SPJ promotes the free flow of information vital to a well-informed citizenry; works to inspire and educate the next generation of journalists; and protects First Amendment guarantees of freedom of speech and press. For more information about SPJ, please visit www.spj.org.

-END-

Dear SPJ members,

We’d like to share this breaking news with you about one of the issues SPJ has been tracking closely for several years:

The shield law bill, S. 448, has passed the Senate Judiciary Committee. It will now go to the full Senate.

More details are available through SPJ’s press release, which you can read by following this link. You can also follow these latest headlines and developments on Twitter: @spj_tweets.

Thank you for your support of this important legislation. We ask for your continued advocacy to protect the free flow of information.

Read the SPJ National Press Release: SPJ celebrates passage of shield law bill from committee

“OUR OPINION: Senate should approve bill with or without White House help. The Obama administration’s efforts to impede Senate approval of a law designed to protect reporters from punishment if they refuse to divulge confidential sources are both surprising and utterly disappointing.”

“Communication gadgets are becoming increasingly pervasive in daily government operations, from cell phones to personal computers to handheld devices. But Sunshine Law advocates say Florida’s open government laws have failed to keep pace.”

The letter is below:
Dear Sen. Nelson,

Wm. F. Hirschman, treasurer

Therefore, SPJ is asking you to help make one final, immediate push for action by contacting the following Senators and encouraging them to vote “yes” on the bill. These senators have been identified by Baker Hostetler as swing votes and/or members of the U.S. Senate Select Committee on Intelligence. Needless to say, their votes are vital to the passage of this law.

Ms. Dianne Feinstein (D-Calif.)
Phone: (202) 224-3841
E-mail: http://feinstein.senate.gov/public/index.cfm?FuseAction=ContactUs.EmailMe

Mr. Bill Nelson (D-Fla.)
Phone: (202) 224-5274
E-mail: billnelson.senate.gov/contact/email.cfm <http://billnelson.senate.gov/contact/email.cfm>

Mr. Saxby Chambliss (R-Ga.)
Phone: (202) 224-3521
E-mail: http://chambliss.senate.gov/public/index.cfm?FuseAction=ContactUs.ContactForm&CFID=51392169&CFTOKEN=14703251 <http://chambliss.senate.gov/public/index.cfm?FuseAction=ContactUs.ContactForm&CFID=51392169&CFTOKEN=14703251>

Mr. Pat Roberts (R-Kan.)
Phone: (202) 224-4774
E-mail: http://roberts.senate.gov/public/index.cfm?FuseAction=ContactInformation.EmailPat

Mr. Mitch McConnell (R-Ky.)
Phone: (202) 224-2541
E-mail: mcconnell.senate.gov/contact_form.cfm <http://mcconnell.senate.gov/contact_form.cfm>

Ms. Susan Collins (R-Maine)
Phone: (202) 224-2523
E-mail: http://collins.senate.gov/public/continue.cfm?FuseAction=ContactSenatorCollins.Email&CFID=39113496&CFTOKEN=99427497 <http://collins.senate.gov/public/continue.cfm?FuseAction=ContactSenatorCollins.Email&CFID=39113496&CFTOKEN=99427497>

Ms. Olympia Snowe (R-Maine)
Phone: (202) 224-5344
E-mail: snowe.senate.gov/contact.htm <http://snowe.senate.gov/contact.htm>

Ms. Barbara Mikulski (D-Maryland)
Phone: (202) 224-4654
E-mail: mikulski.senate.gov/Contact/contact.cfm <http://mikulski.senate.gov/Contact/contact.cfm>

Mr. Carl Levin (D-Mich.)
Phone: (202) 224-6221
E-mail: levin.senate.gov/contact/index.cfm <http://levin.senate.gov/contact/index.cfm>

Mr. Norm Coleman (R-Minn.)
Phone: (202) 224-5641
E-mail: http://coleman.senate.gov/public/index.cfm?FuseAction=Contact.ContactForm

Mr. Thad Cochran (R-Miss.)
Phone: (202) 224-5054
E-mail: cochran.senate.gov/contact.htm <http://cochran.senate.gov/contact.htm>

Mr. Christopher Bond (R-Missouri)
Phone: (202) 224-5721
E-mail: bond.senate.gov/contact/contactme.cfm <http://bond.senate.gov/contact/contactme.cfm>

Mr. Chuck Hagel (R-Neb.)
Phone: (202) 224-4224
E-mail: hagel.senate.gov/public/index.cfm?FuseAction=Contact.Home <http://hagel.senate.gov/public/index.cfm?FuseAction=Contact.Home>

Mr. John Sununu (R-N.H.)
Phone: (202) 224-2841
E-mail: www.sununu.senate.gov/webform.html <http://www.sununu.senate.gov/webform.html>

Mr. Richard Burr (R-N.C.)
Phone: (202) 224-3154
E-mail: burr.senate.gov/public/index.cfm?FuseAction=Contact.Home <http://burr.senate.gov/public/index.cfm?FuseAction=Contact.Home>

Mr. George Voinovich (R-Ohio)
Phone: (202) 224-3353
E-mail: http://voinovich.senate.gov/public/index.cfm?FuseAction=Contact.ContactForm

Mr. Gordon Smith (R-Ore.)
Phone: (202) 224-3753
E-mail: gsmith.senate.gov/webform.htm <http://gsmith.senate.gov/webform.htm>

Mr. Lamar Alexander (R-Tenn.)
Phone: (202) 224-4944
E-mail: http://alexander.senate.gov/public/index.cfm?FuseAction=Contact.Home
E-mail: hutchison.senate.gov/contact.cfm <http://hutchison.senate.gov/contact.cfm>

Mr. John Warner (R-Virginia)
Phone: (202) 224-2023
E-mail: http://warner.senate.gov/public/index.cfm?FuseAction=Contact.ContactForm

Mr. John D. Rockefeller IV (R-W.Va.)
Phone: (202) 224-6472
E-mail: rockefeller.senate.gov/contact/email.cfm <http://rockefeller.senate.gov/contact/email.cfm>

The letter calls upon Congress to complete a landmark, eight-year legislative effort to restore a credible Whistleblower Protection Act, also known as H.R. 985 and S. 274. In the letter, the groups offer personal assistance and ask that the final bills:

• Grant rights to employees to have a jury trial in federal court after exhausting administrative remedies;
• Specifically protect federal scientists who report efforts to alter or suppress federal research;
• Extend meaningful protections to FBI and intelligence agency whistleblowers;
• Extend meaningful protections to federal contractors, similar to those provided to Department of Defense contractors and grantees in last year’s defense authorization legislation;
• Extend meaningful protections to TSA screeners;
• Neutralize the government’s use of the “state secrets” privilege in whistleblower lawsuits;
• Bar the Merit Systems Protection Board (MSPB) from ruling for an agency before whistleblowers have the opportunity to present evidence of retaliation;
• Allow a whistleblower the right to be made whole, including compensatory damages;
• Grant comparable due process rights to employees who blow the whistle in the course of a government investigation or refuse to violate the law; and
• Remove the Federal Circuit’s monopoly on precedent-setting cases even under “all circuits” review.

In a related letter addressed to House members, the groups asked for support of H.R. 4047, the Private Sector Whistleblower Protection Streamlining Act of 2007. This legislation would establish a uniform, coherent system of legal protections for all private sector and other non-federal employees who are retaliated against for disclosing threats to public safety or violations of Federal laws on issues ranging from consumer protection standards, to homeland and energy security, to food and drug safety. Additionally, H.R. 4047 would clarify existing protections and fill in specific gaps in coverage to help those citizens who step forward to report violations of the law.

“To keep a balanced check on government power and publicly-traded company managers, we strongly urge members of Congress to extend protections to whistleblowers,” SPJ President Clint Brewer said. “Everyday, journalists rely upon these brave men and women to uncover stories of corruption and wrongdoing and that the public has a right to know about. Offering protections and a promise of less retaliation will further enable the free flow of information that our country relies upon.”

On Friday, Judge Cormac J. Carney of the Central District of California subpoenaed Gertz to testify before a federal grand jury on June 13 regarding his sources from a 2006 story about the prosecution of a Chinese spy ring in California. The article in question discussed expected charges against an engineer who worked for American defense contractors, Chi Mak and his family. Gertz attributed his sources to senior Justice Department officials.

“The federal government aided by the judiciary is attempting to use William Gertz as an additional arm of law enforcement and then threatening him with jail time if he doesn’t comply with their orders,” said SPJ President Clint Brewer. “This issue is the latest proof that journalists need a federal shield law to ensure they will not be jailed by the government for doing their jobs and being watchdogs of the federal government.”

According to a May 30 New York Sun story, Gertz’s subpoena follows the investigation of a leak ordered by Judge Carney in response to a motion by Chi Mak’s wife, Rebecca Chiu, who was also a defendant in the case. The story quotes Judge Carney’s May 1 order, which states: “The Court finds it necessary to subpoena Mr. Gertz to testify regarding the identity of the source that provided him with the grand jury information.”

Gertz’s subpoena follows that of former USA Today reporter Toni Locy, who was held in contempt of court for refusing to name the confidential sources who shared information about former Army scientist Dr. Steven J. Hatfill, who was considered a person of interest in the 2001 anthrax attacks. The judge in that case imposed an escalating fine that starts at $500 and goes up to $5,000 for every day Locy refuses to comply. Those fines have been stayed while Locy awaits a ruling from the U.S. Court of Appeals for the Fourth Circuit.

The U.S. House of Representatives passed its version of a federal shield law (H.R. 2102) in October.  The Senate version (S. 2035) passed out of the Senate Judiciary Committee in October and now awaits a floor vote.

“To further support efforts to pass federal shield bill, SPJ leaders are encouraging Society members and public citizens to contact members of Congress,” Brewer said. “By letting them know that a free press is vital to the livelihood of our nation, we’ll be one step closer to enacting this important legislation that will further the public’s right to know.”

Speaking at the Associated Press Annual Meeting in Washington D.C., McCain said he had some reservations about supporting a media shield bill, but would pledge his commitment despite them.

“I’m willing to invest in the press a very solemn trust that in the use of confidential sources, you will not do more harm than good, whether it comes to the security of the nation or the reputation of good people,” McCain said. “And I would hope that when you do something controversial or something that many people find wrong and harmful you would explain fully and honestly how and why you did it, and confess your mistakes, if you made them, in a more noticeable way than afforded by the small print on a corrections page.”

Known as the media shield bill, S. 2035 calls for a qualified, rather than absolute, privilege that would make it easier for journalists to protect the identities of their confidential sources. The Senate Judiciary Committee passed S. 2035 on Oct. 4. The House passed its version of the bill, H.R. 2102, on Oct. 16.. With bi-partisan support, the bill has progressed further than any shield bill to date. As drafted, the shield may apply not only to traditional print, television and radio journalists, but also may include coverage for freelancers and bloggers.

Thirty-two states and the District of Columbia have various statutes that protect journalists from being forced to testify or disclose sources and information. No statutory protection currently exists for federal cases.

“Sen. McCain’s support for a federal shield law is welcomed news,” SPJ President Clint Brewer said. “At a time when overzealous prosecutors are attempting to use national security as an excuse to force journalists into acting as an arm of the law, it’s good to know that a presidential hopeful understands that the responsibility of the press is to keep a watchful eye on government.”

On Thursday, the Department of Justice released additional information regarding the Administration’s concerns with the proposed media shield legislation. The department also launched a new Web page to serve as the central location for information from the Justice Department and other federal agencies on media shield proposals. Citing concerns over national security as well as an inability to investigate other crimes, the Web site includes joint letters from Attorney General Michael Mukasey and Director of National Intelligence Michael McConnell, additional letters from Defense Secretary Robert Gates and Homeland Security Secretary Michael Chertoff that were sent to Senate leadership, the chairs and ranking members of the respective oversight committees for the departments as well as other publicly released materials related to the shield bill.

“The administration’s concerns with this bill are absolutely unfounded,” SPJ President Clint Brewer said. “We’ve been working with key Senate staff on compromises to ensure that the bill contains all necessary safeguards to protect national security. This is the administration’s transparent attempt to use national security as an excuse to continue to use journalists as an additional arm of law enforcement. Rarely are there times when a journalist is the last resort for the government to get information that could not be tracked down elsewhere. The job of a journalist is to keep a check on government and to hold the administration accountable.”

Known as the media shield bill, S. 2035 would protect the public’s right to speak out and promote the people’s right to know. It calls for a qualified, rather than absolute privilege that would make it easier for journalists to protect the identities of their confidential sources. The Senate Judiciary Committee passed S. 2035 on Oct. 4. By a vote of 398-21 on Oct. 16, the House passed its version of the bill, H.R. 2102 that was introduced by Reps. Rick Boucher, (D-Va.) and Mike Pence, (R-Ind.). With bi-partisan support from 71 co-sponsors, the bill has progressed further than any shield bill to date. As drafted, the shield may apply not only to traditional print, television and radio journalists, but also may include coverage for freelancers and bloggers. Thirty-two states and the District of Columbia have various statues that protect journalists from being forced to testify or disclose sources and information. No statutory protection currently exists for federal cases.

A Senate vote has not been scheduled. However, to show support for a federal shield law, SPJ leaders are encouraging journalists and public citizens to contact members of the U.S. Senate. To locate a list of U.S. Senate members, visit Senate.gov.

Since 2006, SPJ has raised more than $30,000 to support a campaign for the passage of a federal shield law. The work to ensure passage of such a law is ongoing.