This is a difficult task because the legislative rules allow amendments to be added to bills on unrelated matters without notice to the public and the press.

Last September, in the final days of the 104th Congress, an amendment was attached to the federal omnibus spending bill that would permit police to search newsrooms for information gathered by reporters about child pornography and child exploitation.

This amendment clearly weakens the Privacy Protection Act, which became law in 1980 and allows journalists and news organizations to sue government officials for entering and searching newsrooms. Sen. Orrin Hatch, R-Utah, who introduced the amendment, said the new exception would be consistent with judicial precedent holding that child pornography has no First Amendment protection.

This exception, however, interferes with the First Amendment right to gather news and threatens any journalist who, for example, had gathered information about child pornography including photographs.

There were no congressional hearings on the Hatch amendment, and journalists were surprised to learn weeks later that it had been buried in the Child Pornography Prevention Act, which was included in the federal omnibus spending bill.

And so, as we turn our attention to the new Congress, the warning flags already are up, and several news industry organizations are discussing strategies to counter legislation that may threaten First Amendment freedoms.

A Senate subcommittee held hearings in December on the leaks from federal officials investigating the bombing in Olympic Centennial Park in Atlanta. Subcommittee members wanted to know about press ethics in which Richard Jewell could be named as a "suspect."

The tone of the senators in the hearing room was that the press behaved "deplorably" in it handling of the story.

Paul McMasters, First Amendment ombudsman of The Freedom Forum, told the subcommittee that "many journalists believe that some aspects of the coverage of Mr. Jewell ran afoul of ethical guidelines. Others believe that the highest calling of a journalist is to keep citizens constantly apprised of all developments in a high-profile news event, even though they know that later developments may refine or even negate some of their reporting."

Dick Schmidt and Kevin Goldberg, ASNE counsel, are working with other organizations to build a strategy to oppose another attempt to amend the Constitution by allowing states and the federal government to pass legislation prohibiting flag desecration.

The so-called flag-burning amendment overwhelmingly passed the House of Representatives in 1995 and was defeated by three votes in the Senate, 63-36. Constitutional amendments require three-fifths approval of both houses of Congress before they can be sent to state legislatures, where three-fourths must approval.

The Citizens Flag Alliance, a non-profit organization formed in 1994, is continuing a broad-based, well-financed campaign to win congressional approval of the amendment.

Senate Majority Leader Trent Lott has indicated the first order of business in the Senate would be constitutional amendments on a balanced budget, term limits and flag desecration. A vote in the Senate could be held as early as late January or early February. The House is expected to vote later.

Supporters of the flag-burning amendment believe they gained at least one vote in the Senate out of the November elections. But it is not clear where newly elected senators stand or how some who wavered in 1995 will vote this time.

Gains by Democrats in the House may make the vote closer than the 312-120 approval in 1995 (261 is the magic number.)

Complicating the debate this time may be another constitutional amendment concerning campaign financial reform. A group of former senators, including Bill Bradley, want to "solve" the campaign financing problem by amending the First Amendment.

Such a development could create a dilemma for Congress members who opposed amending the Constitution for flag desecration but who are willing to do so for finance reform.

In 1995, ASNE President Bill Ketter was an influential voice against the amendment in the debate before the Senate vote. Many newspaper editorials and op-ed pieces also were important.

ASNE will make every effort to inform its members of the need to speak strongly against the powerful forces that seek to amend the First Amendment for the first time in a cause that is well-meaning but clearly restricts freedom of expression.

If you are so inclined, I hope you will help your readers and members of your congressional delegation understand why this amendment would weaken a special freedom that is unprecedented anywhere in the world because it guarantees citizens the right of free expression, including such extreme political views as burning the American flag.

ASNE President Giles is editor and publisher of The Detroit News.

E-mail him at rgiles@detnews.com.