The Free Flow of Information Act of 2009 was passed by the Senate Judiciary Committee with a vote of 14-5 and has been sent to the full Senate for a vote. The bill will make it more difficult to compel journalists to disclose information, including the identities of their sources, by requiring the government or other party requesting disclosure to demonstrate that the information sought is "essential" to a case and that all reasonable alternatives have been exhausted before a judge will consider ordering disclosure. A version of the bill was passed by the House earlier this year. For more information, see EPIC Privileges.
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by Ryan Calo, A. Michael Froomkin,