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Profile: Free Flow of Information Act (2009)
Free Flow of Information Act (2009) was a participant or observer in the following events:
The non-partisan PolitiFact, an organization sponsored by the St. Petersburg Times, finds that claims of a bill pending in Congress is intended to “cloak” “proof” about President Obama’s supposed foreign birth are entirely specious. The 2009 Free Flow of Information Act, passed by the House of Representatives in March, is, according to some in the “birther” movement, actually intended to protect Obama from having to produce his long-form birth certificate (see June 13, 2008). Some conservative bloggers are calling it the “Obama Birth Certificate Protection Act.” An email making the rounds of the Internet claims the bill “would guarantee Barack Obama will never be held accountable for producing forged birth documents,” and asks recipients to protest its passage in the Senate. PolitiFact finds that the Free Flow of Information Act is designed to prevent a citizen from providing “testimony or produce any document related to information obtained or created by such covered person as part of engaging in journalism, unless a court determines by a preponderance of the evidence” due to compulsion by federal authorities. It is primarily designed to protect journalists who fear retaliation if they print sensitive or embarrassing information in their publications. However, the “birthers” say the bill would protect federal employees from being compelled to release documents. The bill is clear in stating that “covered persons” are journalists, bloggers, and anybody else “who regularly gathers, prepares, collects, photographs, records, writes, edits, reports, or publishes news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public for a substantial portion of the person’s livelihood or for substantial financial gain and includes a supervisor, employer, parent, subsidiary, or affiliate of such covered person.” Sophia Cope of the Newspaper Association of America says: “[A] covered person is simply a journalist. The White House would not fall under that.… The bill’s intent is to protect reporters and their confidential sources from being subpoenaed to testify, or from having to disclose the identity of those sources. I don’t see how it would relate to Obama’s birth certificate.” The bill was introduced in 2006, well before Obama announced his candidacy for president; PolitiFact writes, “The idea that it is a covert attempt to block Obama from producing his birth certificate is absurd.” It is also anything but a partisan bill; it passed the House on a simple voice vote, and passed earlier on a vote of 398-21. It is expected to pass the Senate with little difficulty. PolitiFact concludes: “One could argue that this law has simply been misread by some well-intentioned government watchdogs. But this is just the latest conspiracy theory from the fringe of a conservative group convinced that Obama hasn’t provided sufficient documentation to prove he was born in the United States, and therefore cannot serve as president. Even among these folks, the claim about the Free Flow of Information Act is more than a stretch.” [St. Petersburg Times, 7/1/2009] The bill will bog down in the Senate Judiciary Committee in December 2009. [Review, 2011]
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