He says that judge would "impose a balancing test" to determine which is more important, the government's desire to find the information or the robust freedom of the press.

WSJ: Schumer: Group of senators to look at media leaks

The Supreme Court laid out a balancing test of sorts: a basic need for executive confidentiality and candor, weighed against the public interests of congressional oversight, a criminal probe or prosecution.

CNN: Executive privilege: Legitimate claim or blocking move?

In other words, the Supreme Court laid out a balancing test of sorts: a basic need for executive confidentiality and candor, weighed against the public interests of congressional oversight, a criminal inquiry or prosecution.

CNN: SHARE THIS

The measure Schumer is proposing says that in civil and criminal cases, "a judge would have to conduct a balancing test that would weigh the public interest in the free flow of information against the needs of law enforcement, " said Schumer spokesman Brian Fallon.

WSJ: Schumer: Group of senators to look at media leaks

"Varney seems to be saying 'we're going to do a straight balancing test, ' " said Mr. Schildkraut.

WSJ: Sherman Stirs: U.S. Revives Section 2 of the Antitrust Act

"If the rule is a 23-part balancing test, there's just going to be more litigation over all of these different aspects of the case, " Frank said.

FORBES: Magazine Article