Press group opposes Bond's bill on leaks

By Doug Crews

Because of its possible chilling effect on those who report misdeeds of the government, the Missouri Press Association opposes a bill introduced by U.S. Sen. Kit Bond to criminalize the leaking of classified information.

Bond introduced S. 3774 on Aug. 2. It proposes that any current or former government employee or contractor face a fine or jail time for leaking classified information.

Eleven fellow Republicans are co-sponsors of the bill, being referred to as an official secrets act.

"Leaks expose our methods of apprehending the enemy and erode the confidence of our allies," Bond said. "Over the past year there has arisen an apparent absence of fear of punishment in regards to the arbitrary divulging of classified information.

"We need to send a message that leaks will not be tolerated and give prosecutors a modern and appropriate tool to go after those who do leak," Bond said.

The board of directors of Missouri Press Association, the trade group that represents nearly every newspaper in the state, sent a letter Aug. 8 to Sen. Bond expressing opposition to the bill.

In its letter, the press association cites the existence of current laws dealing with the unauthorized release of classified information. It also points out that more and more government information is being classified, regardless of whether it has anything to do with national security.

"Newspapers recognize that certain 'leaks' of classified information can cause genuine harm, and the government has a duty to protect classified national security information," the letter said. "However, over the course of our nation's history, a delicate balance is continually sought between the public's right to know and the need of the government to protect secrets.

"Overly broad legislation would deter 'whistle-blowers' from coming forward with vital information on government wrongdoing, waste and mismanagement."

Bond filed his bill in response to media reports in the past year about the government's domestic spying, monitoring of banking transactions and sending of suspected terrorists to overseas prisons.

In a letter sent to Missouri media, Bond wrote, "Disclosures of our most highly effective, classified intelligence collection tools, which the U.S. government has used to disrupt al-Qaida terrorist plots against American citizens, have made us much less safe than we were eight months ago. There is also no doubt that more leaks will only result in more damage and less safety for our citizens. That's why legislation is needed to discourage leakers.

"Government officials who take a solemn oath are not free to break that oath and put all Americans safety at risk for their personal political agenda or the desire of newspapers to sell hot breaking news. There are adequate opportunities for whistle-blowers to contact their superiors, federal inspectors general offices and congressional intelligence committees or representatives to raise legitimate concerns.

"In the end, this legislation wouldn't be necessary if the news media had showed restraint when publishing America's intelligence sources and methods across the front page for all the world, including America's enemies, to see," he wrote.

Congress passed the same language in Bond's proposal in 2000, but it was vetoed by President Bill Clinton.

Paul McMasters, First Amendment ombudsman at the First Amendment Center in Arlington, Va., said the better approach to the problem of unauthorized disclosures of classified information is "to reduce and better police classification, open a dialogue between the press and intelligence community, and unclog and legitimize official channels for government employees to share concerns about government policy and action."

The Missouri Press Association has asked Bond to consider more dialogue between government agencies and journalists before pushing his bill vigorously.

Doug Crews is the executive director of the Missouri Press Association in Columbia, Mo.