Journalist privilege laws. They restrict or prohibit the use of certain evidence in sexual offense cases, such as evidence regarding the lack of chastity of the victim. In most states, shield laws codify this privilege into law. Jan 20, 2015 · Florida does have a statutory newsgathering privilege for “professional journalists” (a reporter’s shield law) that protects journalists from being compelled to be witnesses or disclosing information obtained while actively gathering news. MLRC has Find the legal definition of JOURNALIST from Black's Law Dictionary, 2nd Edition. Sep 10, 2025 · Journalists frequently are faced with subpoenas and court orders requiring them to testify and, in many instances, to reveal the identity of confidential sources or unpublished information. While most states have not had occasion to consider whether their reporters privilege law is applicable to student journalists, those that have have generally not Journalists challenging a subpoena for privileged material (confidential sources or unpublished information) in Minnesota state court should rely primarily on the statutory privilege but also discuss the federal and common law privileges, both to preserve the issue on appeal and to inform judicial analysis of the statutory issue. Journalists rely on confidential sources to write stories that deal with matters of legitimate public importance. Nov 14, 2023 · The idea behind reporter’s privilege is that journalists have a limited First Amendment right not to be forced to reveal information or confidential news sources in court. 27 A federal law recognizing a journalist-source privilege would eliminate this confusion Journalistic privilege and shield laws are crucial components of media law that protect journalists’ ability to gather and report news without undue interference or legal repercussions. 18 Wyoming is the state without either a statutory or common-law privilege. Learn more about journalists' right not to be compelled to testify or disclose sources and information in court in your state or circuit. Journalist's Privilege is a privilege provided by the constitutional or statutory law protecting a reporter from being compelled to testify about confidential information or sources. Mar 14, 2024 · Prevailing law in 2007 required federal prosecutors to exhaust all reasonable avenues to uncover the identities of anonymous sources before compelling a journalist to reveal the identities. Despite the journalists' failure to win a blanket privilege from the U. Congress more than two decades ago, they have not been forgotten. The definition may exclude certain types of media, or it may limit the shield to certain types of activities, such as reporting, writing, and editing. This presumption, however, is not absolute; rather, throughout the years, the law has recognized that disclosures made within the confines of A privileged communication is a statement that you cannot be forced to disclose in a legal proceeding because it was made in connection with a legally-protected relationship. Critics often look at reporter’s shield laws and think that journalists are declaring that they are “above the law,” violating the understood standard that a court is entitled to “every man’s evidence,” as courts themselves often say. Journalists Privilege or Shield Laws “ Journalists Privilege,” also known as the “journalist shield law,” is the right not to be compelled to testify or disclose sources and information in court. 27 A federal law recognizing a journalist-source privilege would eliminate this confusion The current state of affairs leaves sources, journalists, prosecutors, and lower federal courts without any clear guidance, and the scope of the First Amendment-based journalist-source privilege differs significantly from one part of the nation to another. This privilege applies only to information or eyewitness observations obtained within the normal scope of employment and does not apply to News organizations have claimed that the First Amendment compels a reporter’s privilege: an exception to the ancient rule that every citizen owes to his government a duty to give what testimony he is capable of giving. What else does a reporter need to know? | North Carolina Media Law Handbook All Chapters Journalist's Privilege In its pursuit of truth and justice, the American judicial system has long relied on the principle that the public "has a right to every man's evidence. Apr 5, 2013 · The protection of confidential sources is an ethical and legal minefield for journalists in Australia, despite the introduction over the past two years of so-called journalists’ privilege in ABSTRACT Freedom of the press is a cherished freedom enshrined in the First Amendment and upheld in myriad contexts. 3. Journalists are able to enjoy only qualified privilege (privilege which malice destroys) except in fair and accurate reporting of trials. 7 Nor does the status of an entity as a newspaper (or any other form of news medium) protect it from issuance and execution on probable cause of a search warrant for evidence or other material properly sought in a criminal investigation, the Court Aug 19, 2023 · The De Facto Reporter’s Privilege abstract. This is a concern that rests with the journalist, who has a responsibil-ity New York Civil Rights Law § 79-h provides an absolute privilege from forced disclosure of materials obtained or received in confidence by a professional journalist or newscaster, including the identity of a source. Aug 29, 2019 · Reporter's privilege laws vary by state. This privilege is essential in maintaining the integrity and credibility of journalism, allowing journalists to report on sensitive topics without fear of Learn more about journalists' right not to be compelled to testify or disclose sources and information in court in your state or circuit. As a consequence, reporters subpoe-naed in federal cases often lack effective formal protections. Nov 5, 2021 · Above the law? Outside of journalism circles, the reporter’s privilege suffers from an image problem. This would serve to chill Jan 16, 2020 · 6. This article examines this paradox of privilege on the basis of a selective survey of three areas of law: protection of journalistic sources, defamation, and protection of journalists. Fla. First, the public policy ra-tionale underlying the privilege is the promotion of the free flow of informa-tion. Journalists and news organizations are reliant on state statutes or state or federal case law to provide a privilege against testimony in state or federal courts or administrative proceedings. Reporter's privilege in the United States (also journalist's privilege, newsman's privilege, or press privilege), is a "reporter's protection under constitutional or statutory law, from being compelled to testify about confidential information or sources. The privilege benefits the public and whistleblowers and does not hinder law enforcement. Lando, 441 U. This critical component of media law ensures that the flow of information remains unhindered, thereby fostering a well-informed society. Aug 22, 2016 · Journalists have argued that they should have a privilege for roughly analogous reasons. Media Subpoena Law. Jul 1, 2025 · State laws often provide a specific definition of a journalist who can claim the reporter shield privilege. "2 To this end, courts rely on a strong presumption against recognizing evidentiary privileges. Mar 24, 2025 · Reporter's privilege In the United States, reporter's privilege (also journalist's privilege, newsman's privilege, or press privilege) is a qualified First Amendment or statutory right given to journalists in many jurisdictions to protect their confidential sources and materials from being revealed. as the reporter's privilege, is a right accorded to journalists under the laws of many countries, as well as under international law. In Too Much Media, LLC v. There is no federal shield law As of 2018, 49 states and the District of Columbia had enacted some form of shield law. This brings us to the following enquiry: first, what is a 'confidential source of information' and why would a journalist want to protect such a source? Jul 7, 2014 · The question of who is eligible to invoke the reporter’s privilege has been a significant issue during previous attempts to draft a federal shield law. Most Sep 28, 2007 · As for state courts, many states without statutory privileges provide common law protection, making a total of 49 states plus the District of Columbia that have a journalists' privilege. Jul 1, 2024 · Under Illinois law, journalists enjoy qualified privilege with regard to maintaining confidential sources and news gathering material. Drawing on new historical sources, this Article shows how all three branches of government have deployed a variety of de facto protections for reporters. Journalist Shield Laws Journalist shield laws, which afford news reporters the privilege to protect their sources, are controversial because the privilege must be balanced against a variety of competing government interests such as the right of the government to apprehend criminals and to prevent the impairment of GRAND JURY investigations. Aug 19, 2023 · The De Facto Reporter’s Privilege abstract. Under this test, courts have provided the privilege to non-traditional journalists, including book authors and documentary filmmakers. Jan 16, 2020 · 9. As for state courts, those in 16 states provide common law protection, making a total of 49 states plus the District of Columbia that have a journalists’ privilege. 153 (1979), the U. Sep 8, 2024 · Explore the significance and legal framework of Journalistic Privilege Protections, examining key cases, challenges, and future trends in media law. Nov 11, 2016 · For example, after the New Mexico shield law was invalidated, the state supreme court enacted a rule giving journalists a privilege in state courts. The right is based on a recognition Privileges that aim to enhance journalist and media freedom can also undermine it if their administration necessitates gatekeeping of the status of journalist. This privilege is essential in fostering a free press, enabling media professionals to investigate and report on issues without the fear of legal repercussions. The statutes 'journalistic privilege' is generally defined as the 'right of a journalist to refuse to disclose confidential sources of information or, in some instances, the information itself. Journalist's privilege, or reporter's protection, is the legal right that allows journalists to keep their sources secret and not reveal them in court. The privilege belongs to a “journalist, a journalist’s employer or a person with an independent contract with a journalist” in the civil and non-confidential criminal context. S by statutory law or judicial decision have given the journalists rights to protect their confidential sources from discovery. If information and documents that you believe would be covered by this privilege are being sought through the discovery process Mar 24, 2009 · Proved truth is an absolute defence in Canada's 9 common-law provinces, but not in Québec, where public benefit must also be proved. Dec 5, 2024 · Journalistic privilege serves as a crucial safeguard for the media, enabling journalists to protect their sources and maintain the confidentiality of sensitive information. Mar 8, 2005 · Absent a statutory or constitutional recognition of journalistic privilege, a reporter may be compelled to testify in legal, administrative, or other governmental proceedings. A majority (twenty-nine) of the state legislatures in this country enacted laws-many of them over the last two decades-to protect jour-nalists from having to answer every subpoena. Aug 8, 2023 · Confidential sources provide information to journalists or other writers with the agreement that their identities will not be revealed in the reporting of the details that they have provided. 90. Many such sources feel comfortable supplying information based on reporter’s privilege, that is, the right of reporters and journalists to refuse to disclose their sources and information in court. shield law, in the United States, any law that protects journalists against the compelled disclosure of confidential information, including the identities of their sources, or the forced surrender of unpublished written material collected during news gathering, such as notes. The federal courts have not resolved whether the common law provides a journalists’ privilege. Reporter’s privilege refers to the right of journalists to refuse to disclose the identity of confidential sources or unpublished information gathered during the course of their reporting. substantive law applies (such as civil cases in which the federal court’s … more 1/16/20 2 days ago · Learn more about journalists' right not to be compelled to testify or disclose sources and information in court in your state or circuit. That was not the case under the George W. In some states, the journalist must report on the news for payment, which means that individual bloggers, students, and other unpaid Most state and federal courts that have addressed the issue of a qualified journalist’s privilege have concluded that journalists hold the right to waive or enforce the privilege for two princi-pal reasons. Many states in U. S. Mar 15, 2024 · Learn more about journalists' right not to be compelled to testify or disclose sources and information in court in your state or circuit. Courts of Appeals for the First, Second, Third, Ninth, and Eleventh Circuits, for example, do recognize a qualified reporter’s privilege in the criminal context. 5015. " [1] Discover what reporter's privilege is, why it exists, how it applies to the First Amendment, and how it protects everyone's right to know. To date, 33 states and the District of Columbia have recognized a journalists’ privilege through enactment of press “shield” statutes, which protect the relationship between reporters, their source, and sometimes May 19, 2022 · Learn more about journalists' right not to be compelled to testify or disclose sources and information in court in your state or circuit. Jan 1, 2020 · Shield laws are statutes that provide journalists either an absolute or qualified privilege to refuse to disclose sources used or information obtained in the course of news gathering. 6 The federal courts have not resolved whe the r the common law provides a journalists Learn more about journalists' right not to be compelled to testify or disclose sources and information in court in your state or circuit. Jan 18, 2025 · Massachusetts Shield Law is a critical piece of legislation that protects journalists from being compelled to disclose confidential sources or unpublished information. This can Feb 16, 2012 · Given the varied scope of state shield laws and the divisive nature of the reporter's privilege, it is no surprise that courts are split. Supreme Court refused to recognize a privilege protecting journalists from having to testify or provide documentary evidence regarding the media entity’s editorial process for the story at issue. Bush administration as subpoenas to journalists rose significantly in that time, topping out short of 100 in a year. The answers are not always obvious. Reporters have been concerned that any attempt to define a “journalist” could potentially lead to future government interference, including licensing of journalists. This protection is essential for preserving press freedom, allowing journalists to report on matters of public interest without fear of legal repercussions. common law right obviates the need for courts to engage in an analysis under the fractured Branzburg opinion. Journalist Shield Laws Journalist shield laws, which afford news 'journalistic privilege' is generally defined as the 'right of a journalist to refuse to disclose confidential sources of information or, in some instances, the information itself. The Shield Law Learn more about journalists' right not to be compelled to testify or disclose sources and information in court in your state or circuit. Prior to the shield law, the journalist's testimonial privilege in North Carolina had been based on the federal and state constitutions. Congress has attempted to pass a federal shield law since 2005, named the Free Flow of Shield laws in the United States are designed to protect reporters' privilege or to prevent prosecution when states’ laws differ, especially on the issue of abortion. Here’s an explanation: 1. As of 2024, 49 states and Washington, D Aug 13, 2021 · Whether a qualified reporter’s privilege exists in this context is an open question in several circuits, and those circuit courts that have opined are split. Sep 15, 2023 · Learn more about journalists' right not to be compelled to testify or disclose sources and information in court in your state or circuit. (2) PRIVILEGE. Who’s privileged, what’s privileged, and when privilege doesn’t apply Learn more about journalists' right not to be compelled to testify or disclose sources and information in court in your state or circuit. Mar 24, 2025 · Reporters' privilege, also known as journalist's privilege, newsman's privilege, or press privilege, refers to the right of reporters to protect their confidential sources and information from being compelled to testify in court. This privilege applies only to information or eyewitness observations obtained within the normal scope of employment and does not apply to Jun 29, 2025 · A journalist’s ability to protect sources is a qualified privilege, not an absolute right, balancing press freedom against legal demands on a case-by-case basis. Others are less protective. These conclusions enrich our understanding of whether a statutory shield is required today. 5 As for federal courts, Federal Rule of Evidence 501 provides that the common law generally governs a claim of privilege. Aug 29, 2019 · Reporter’s privilege laws vary by state. C. This protection is often referred to as a "shield law". Jun 26, 2019 · Shield Laws The concept of a shield law is related to reporter’s privilege because these are legal mechanisms that “shield” reporters against the threat of forcibly publishing or revealing their sources’ identities and other confidential matters. 2. Additionally, this Although it did recognize that there are times when a non-traditional journalist has been covered by the privilege (Bulow, 811 F. [1] Reporters' privilege involves the right of media to refuse to testify as to the information and/or sources of information obtained during the news gathering and dissemination process. The current state of affairs leaves sources, journalists, prosecutors, and lower federal courts without any clear guidance, and the scope of the First Amendment-based journalist-source privilege differs significantly from one part of the nation to another. What is a state reporter's shield law? More than 30 states have elected to provide protection for journalists over and above the protection afforded by the constitutional reporter's privilege. This brings us to the following enquiry: first, what is a 'confidential source of information' and why would a journalist want to protect such a source? Introduction and History Georgia’s Shield Law is a qualified privilege granted to journalists in the state, allowing them to keep confidential any information, document, or item they obtain while gathering news. It prohibits authorities, including the courts, from compelling a journalist to reveal the identity of an anonymous source for a story. — A professional journalist has a qualified privilege not to be a witness concerning, and not to disclose the information, including the identity of any source, that the professional journalist has obtained while actively gathering news. Study with Quizlet and memorize flashcards containing terms like Right (or privilege) of reporters, History of Journalist's privilege, Why would a journalist refuse to testify? and more. Source protection, sometimes also referred to as source confidentiality or in the U. Jun 14, 2019 · Learn more about journalists' right not to be compelled to testify or disclose sources and information in court in your state or circuit. However, under the prevailing case law and without a federal shield law, the executive branch may be able to “annex the journalistic profession as an investigative arm of government” to reveal its ‘confidential’ sources as aid to prosecution. While the overwhelming majority of states have established constitutional, statu-tory, or common-law protections for reporters who shield the identity of a confidential source, there is no uniform, crosscutting federal reporter’s privilege. 2d at 437), the Court refused an overall expansion of the statute’s applicability. 1 The Court rejected the argument for a limited exemption permitting reporters to conceal their sources from a grand jury and to keep confidential certain information they Mar 16, 2011 · The purpose of the privilege is to help the free flow of information to the public rather than aid the press. Sep 9, 2025 · The law provides for a qualified privilege, which means that a court may order you to reveal protected information, even if you qualify as a "journalist" under the shield law. 2d at 143), and the privilege may protect non-confidential information (Silkwood, 563 F. Some laws provide broad protection, shielding both unpublished and published information as well as confidential and non-confidential sources and information. Feb 27, 2019 · Without this protection, says the privilege’s proponents, no sources would talk to reporters, and reporters would become simply tools of discovery for the courts and litigants, overburdened with subpoenas and chilled from reporting. Deciding what material is privileged means balancing two competing priorities: (1) to protect the ability of journalists to effectively and safely gather news, and (2) to make sure the right people (and only the right people May 26, 2025 · Introduction to Journalistic Privilege Journalistic privilege is a fundamental concept in media law that protects journalists from being compelled to disclose confidential sources or information gathered during the course of their work. Stat. Apr 1, 2012 · For a detailed examination of state shield laws, see Journalists’ Privilege to Withhold Information in Judicial and Other Proceedings: State Shield Statutes (Congressional Research Service, March 2005). Supreme Court or a national protective statute from the U. Journalistic Privilege: Journalistic privilege, also known as reporter’s privilege or press privilege, refers to the legal protection afforded to journalists that allows them to The First Amendment Handbook provides a basic primer on the laws affecting reporters’ rights to gather and disseminate news. The privilege has not been based on other sources such as court rules, state bar guidelines, or administrative procedures. When is the First Amendment-based privilege important? Journalists subpoenaed in federal court in civil cases are protected by the state shield law only in cases where N. a common law right against journalists' compelled disclosure has met with only limited success; a privilege based on the First Amendment and one based on statutory shield laws remain the two most common sources of protection. These are called "shield laws" and are enacted to give journalists and media people the permission to decline to revel confidential information sources. This brings us to the following enquiry: first, what is a 'confidential source of information' and why would a journalist The Court observed that Congress, as we ll as state legislatures and state courts, are free to adopt privileges for reporters. 1 A lthough California’s shield laws apply in civil cases where a party seeks information from a non-party reporter, and in criminal cases where the prosecutor is May 1, 2010 · Cases involving student journalists present some of the most challenging privilege issues that judges and legislators are facing today. The U. There are two main justifications of shield laws. Currently, the United States federal SHIELD LAWS Statutes affording a privilege to journalists not to disclose in legal proceedings confidential information or sources of information obtained in their professional capacities. A party that wishes to remove the protection can force a journalist to comply with a subpoena for material by showing that the interest in obtaining the material outweighs the journalist’s interest in not Jul 7, 2024 · Journalistic privilege is a critical legal doctrine that safeguards journalists’ rights to maintain confidentiality of their sources. Understanding how this law functions within Massachusetts provides May 25, 2025 · A comprehensive guide to journalist-source privilege, its significance in investigative reporting, and the legal frameworks that support it. This concept is rooted in the First Amendment, which supports freedom of the press, allowing reporters to pursue stories without fear of legal repercussions for protecting their sources. INTRODUCTION In terms of the dictionary definitionl and literature on media law/ the term 'journalistic privilege' is generally defined as the 'right of a journalist to refuse to disclose confidential sources of information or, in some instances, the information itself. This privilege applies only to information or eyewitness observations obtained within the normal scope of employment and does not apply to California has a “reporter’s privilege” aka “shield laws” which may allow a journalist to refuse to comply with law enforcement orders or a subpoena to testify in court. The Reporter’s Privilege is a complete compendium of information on the reporter’s privilege — the right not to be compelled to testify or disclose sources and information in court — in each state and federal circuit. There is no formal, federal reporter’s privilege against disclosing confidential information. Some of the privileged communications recognized by Florida law are: Journalist's privilege; Lawyer-client privilege; Psychotherapist-patient privilege; Sexual assault counselor-victim privilege; Domestic violence . 14 Wyoming is the state without either a statutory or common-law privilege. They rely on sources to provide the news they publish, and those sources might not share sensitive or critical information in the absence of anonymity—out of fear that they’ll be punished for sharing it. Oct 13, 2025 · In Herbert v. May 26, 2025 · Explore the concept of journalistic privilege, its significance in media law, and the ethical considerations that come with it. Reporter's privilege, or journalist's right, is the legal protection that allows reporters to keep their sources confidential and not reveal them in court. This legislated right is the only protection afforded to journalists in the state, as there is no state constitutional provision providing a reporter’s privilege. kljovb iq4 jclzn0 avh vfp rqk zvhopgn gg8fmru jyfkw rfaksazbg