Shield Laws and Reporter's Privilege: A National Assessment (From The Media and Criminal Justice Policy, P 163-176, 1990, Ray Surette, ed. -- See NCJ-125773)

• NCJ Number: 125783
• Author(s): J E Kirtley
• Date Published: 1990
• Length: 14 pages
• Sale Source: Charles C. Thomas
• Publication Type: Legislation/Policy Description
• Language: English
• Country: United States of America

Annotation

This chapter reviews State laws that exempt from subpoena the communications and work products of the media and discusses the application of such shield laws in various contexts.

Abstract

Although there is no Federal shield law for journalists, 26 states have enacted legislation to protect reporters from compelled disclosure of confidential or unpublished information. The laws vary widely in scope. This chapter provides a table that shows the status of shield laws in each State. The information presented on the laws addresses the nature of the persons covered, the sources covered, information covered, and the nature of confidentiality. A discussion of the reporter's privilege in specific contexts focuses on grand juries, pretrial and trial subpoenas by the prosecution, subpoenas by criminal defendants, and violations of grand jury secrecy. Legal issues in newsroom searches are also discussed. In discussing prospects for the future of shield laws, the chapter concludes that even the most comprehensive and carefully crafted shield laws for journalists may be misinterpreted by a court; also, they will always be subject to amendment by legislatures. Federal and State constitutions would provide better protection. 43 notes.