National security should preclude First Amendment rights when it comes to journalists handing over their records to the government. - Inspired by a new bill regarding reporters' rights

After the Federal Bureau of Investigation disclosed last week that they “improperly” obtained reporters’ phone records, Sens. Patrick Leahy (D-Vt.) and Arlen Specter (R-Pa.), the ranking officials on the Senate Judiciary Committee, called for greater legal protection of journalists. The New York Times reports the senators’ bill “would limit the government’s ability to collect a reporter’s phone records and, in most cases, require a court to weigh the need for such material."

The Bush Administration has strongly opposed a shield law for journalists arguing that national security overrides it. However, because of potential First Amendment violations, requests for reporters' phone records are “supposed to receive an even higher level scrutiny before they can be approved,” usually requiring approval of the attorney general or another high-ranking Justice Department official.